New York State Bar Ass'n v. Reno

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

Plaintiff, the New York State Bar Association (“NYSBA”), seeks to enjoin the Attorney General of the United States from enforcing section 4734 of the Balanced Budget Act of 1997, which was incorporated into section 217 of the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320a-7b(a). Plaintiff asserts that section 4734 violates the First and Fifth Amendments to the United States Constitution.

I. BACKGROUND

A. Statutory Background

Before Congress enacted section 217 of the Health Insurance Portability and Accountability Act…