Legal Opinion

Liberty University v. Timothy Geithner

Court of Appeals for the Fourth Circuit

Decided September 8, 2011No. 10-2347PublishedCited by 14 opinions

1Opinion of the Court

DIANA GRIBBON MOTZ, Circuit Judge:

Liberty University and certain individuals brought this suit to enjoin, as unconstitutional, enforcement of two provisions of the recently-enacted Patient Protection and Affordable Care Act. The challenged provisions amend the Internal Revenue Code by adding: (1) a “penalty” payable to the Secretary of the Treasury by an individual taxpayer who fails to maintain adequate health insurance coverage and (2) an “assessable payment” payable to the Secretary of the Treasury by a “large employer” if at least one of its employees receives a tax credit or government…

2Cases cited49 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  4. Commissioner v. SunnenSupreme Court of the United States · 1948
  5. Sosna v. IowaSupreme Court of the United States · 1975

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3Cited by14 opinions

  1. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  2. Liberty University, Inc. v. Jacob LewCourt of Appeals for the Fourth Circuit · 2013
  3. Goudy-Bachman v. United States Department of Health & Human ServicesDistrict Court, M.D. Pennsylvania · 2011
  4. West Virginia Cwp Fund v. Elsie StacyCourt of Appeals for the Fourth Circuit · 2011
  5. Butler v. ObamaDistrict Court, E.D. New York · 2011

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