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Halbig et al v. Sebelius et al

Memorandum in opposition to re MOTION for Preliminary Injunction and Expedited Hearing

74 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,904 times   61 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,037 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,108 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  4. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 961 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  5. Marx v. Gen. Revenue Corp.

    568 U.S. 371 (2013)   Cited 780 times   3 Legal Analyses
    Holding that court may award costs to prevailing defendants in cases under Fair Debt Collection Practices Act without finding under 15 U.S.C. § 1692k that plaintiff brought case in bad faith and for the purpose of harassment

  6. Miss. Choctaw Indian Band v. Holyfield

    490 U.S. 30 (1989)   Cited 1,635 times   3 Legal Analyses
    Holding that the Indian Tribe had exclusive jurisdiction over child custody proceedings, even though the children were born off the reservation, because the children were “domiciled” on the reservation for purposes of the ICWA

  7. Henderson v. United States

    568 U.S. 266 (2013)   Cited 614 times   1 Legal Analyses
    Holding second prong of plain error review considers the law as clarified during time of appeal

  8. Califano v. Yamasaki

    442 U.S. 682 (1979)   Cited 1,989 times   12 Legal Analyses
    Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"

  9. City of Arlington v. Fed. Commc'ns Comm'n

    569 U.S. 290 (2013)   Cited 561 times   11 Legal Analyses
    Holding that Chevron applies to questions about the scope of an agency's statutory authority

  10. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 998 times   10 Legal Analyses
    Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

  11. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,544 times   40 Legal Analyses
    Concluding paragraph, exception

  12. Section 7422 - Civil actions for refund

    26 U.S.C. § 7422   Cited 2,505 times   13 Legal Analyses
    Granting a tax payer a cause of action related to a claim for a refund

  13. Section 7805 - Rules and regulations

    26 U.S.C. § 7805   Cited 637 times   3 Legal Analyses
    Authorizing "the Secretary" to "prescribe all needful rules and regulations for the enforcement of this title"

  14. Section 5000A - Requirement to maintain minimum essential coverage

    26 U.S.C. § 5000A   Cited 199 times   23 Legal Analyses
    Setting out IRS enforcement only of the taxpayer's failure to pay the penalty, not of the taxpayer's failure to maintain minimum essential coverage

  15. Section 4980H - Shared responsibility for employers regarding health coverage

    26 U.S.C. § 4980H   Cited 116 times   46 Legal Analyses
    Establishing an employer mandate

  16. Section 36B - Refundable credit for coverage under a qualified health plan

    26 U.S.C. § 36B   Cited 80 times   35 Legal Analyses
    Providing premium tax credits to make health insurance plans, including employer-sponsored plans, more affordable

  17. Section 18031 - Affordable choices of health benefit plans

    42 U.S.C. § 18031   Cited 66 times   13 Legal Analyses
    Allowing a State to create "one Exchange ... for providing ... services to both qualified individuals and qualified small employers," rather than creating separate Exchanges for those two groups

  18. Section 300gg-91 - Definitions

    42 U.S.C. § 300gg-91   Cited 55 times   9 Legal Analyses
    Defining “excepted benefits” for fixed indemnity plans

  19. Section 18041 - State flexibility in operation and enforcement of Exchanges and related requirements

    42 U.S.C. § 18041   Cited 45 times   2 Legal Analyses
    Limiting impact of title I

  20. Section 18023 - Special rules

    42 U.S.C. § 18023   Cited 19 times   3 Legal Analyses
    Prohibiting use of the Act's cost-sharing reduction or tax credits for abortion coverage

  21. Section 1.36B-1 - Premium tax credit definitions

    26 C.F.R. § 1.36B-1   Cited 8 times   3 Legal Analyses
    Incorporating definition found in 45 C.F.R. § 155.20