Butler v. Obama

814 F. Supp. 2d 230, 2011 U.S. Dist. LEXIS 112814, 2011 WL 4526079
CourtDistrict Court, E.D. New York
DecidedSeptember 30, 2011
DocketNo. 10-CV-5025 (JFB)(WDW)
StatusPublished
Cited by6 cases

This text of 814 F. Supp. 2d 230 (Butler v. Obama) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Obama, 814 F. Supp. 2d 230, 2011 U.S. Dist. LEXIS 112814, 2011 WL 4526079 (E.D.N.Y. 2011).

Opinion

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiff Brian Butler (“plaintiff’ or “Butler”) commenced this action on November 1, 2010, against defendants United States President Barack Obama, Timothy Geithner, Eric Holder, and Kathleen Sebelius (collectively “defendants”), alleging various violations of his constitutional rights under the Fifth and Fourteenth Amendment pursuant to 42 U.S.C. § 1983. Specifically, plaintiff challenges the constitutionality of the minimum coverage provision of the Patient Protection and Affordable Health Care and Education Reconciliation Act, Pub L. No. Ill— 148, 124 Stat. 119 (Mar. 23, 2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub.L. No. 111-152, 124 Stat. 1029 (Mar. 30, 2010) (collectively the “ACA” or the “Act”). Plaintiff seeks both injunctive and declaratory relief against defendants.

Defendants have moved to dismiss plaintiffs complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1), on the grounds that he lacks standing to bring the action and that his claims are not ripe for adjudication. For the reasons set forth herein, the Court grants defendants’ motion to dismiss the complaint in its entirety. Specifically, the Court concludes that plaintiff has failed to allege facts sufficient to confer standing. As a threshold matter, to the extent that plaintiff argues that he has standing because he will be required to purchase insurance or pay a penalty in 2014 when the minimum coverage provision goes into effect, that potential future injury is insufficient to confer standing on plaintiff to challenge the statute at this time. In fact, it is not even clear from the complaint (and plaintiffs opposition papers) that plaintiff will be subject to the minimum coverage provision in 2014. Therefore, such a speculative, future injury simply fails as a matter of law to satisfy Article Ill’s constitutional requirements for standing. Moreover, although plaintiff seeks to create standing by arguing that insurance premiums have increased as a result of the passage of the Act, that allegation also is insufficient to confer standing. First, plaintiff does not allege in the complaint that the purported increase in premiums from the passage of the health care law has had any financial impact on him. Instead, it is clear from the sworn statements of plaintiff and his wife that he does not currently pay health care insurance premiums; rather, they have paid for their family’s health care needs out-of-pocket and continue to do so. Given there is no allegation that plaintiff has incurred any additional costs as a result of the purported increase in premiums, any such increase has not resulted in any financial injury to him from which he [232]*232could even attempt to assert standing (an argument which would fail, in any event, for the other reasons noted below). Second, although plaintiff alleges that he has suffered an injury because he wanted to obtain catastrophic health insurance coverage but was unable to because of high premiums, plaintiffs arguments regarding the cause of those increased premiums involve other provisions of the Act unrelated to the individual mandate. It is well settled that a plaintiff cannot rely upon portions of a statute not being challenged to allege a causal injury for purposes of standing. Thus, any alleged increased premiums resulting from other unchallenged portions of the statute do not confer standing on plaintiff. In any event, to the extent plaintiff is seeking to allege that he has been subject to increased premiums or unable to purchase insurance because of increased premiums allegedly caused by the individual mandate, such conclusory assertions about the cause of these increased premiums are insufficient to satisfy the particularized injury requirement of Article III. Given the lack of standing by this plaintiff, the Court cannot (and does not) reach the merits of plaintiffs argument regarding the constitutionality of the ACA.

I. Background

A. The Complaint1

Plaintiff challenges Section § 1501 of the Act. Specifically, plaintiff argues that the minimum essential coverage or “individual mandate” requirement, codified at 26 U.S.C. § 5000A, is unconstitutional. Section 1501 requires that “for each month beginning after 2013” individuals, as defined by the statute, must ensure that they and “any dependent of the individual ... [are] covered under minimum essential coverage for such month.” 26 U.S.C. § 5000A(a). Failure to obtain such minimum coverage would result in a “shared responsibility” penalty payment. 26 U.S.C. § 5000A(b), (c). There are exemptions from both the individual mandate and penalty payment. They apply to those with certain religious beliefs, members of a health care sharing ministry, individuals for whom the cost of obtaining minimum coverage would exceed eight percent of their household income or whose income fell below a filing threshold, Indian tribe members, and others who are deemed to have a hardship in obtaining coverage. See 26 U.S.C. § 5000A(d), (e).

Butler is a resident of New York over the age of eighteen who does not have health insurance and who is not eligible for Medicaid. (Compl. ¶¶ 1-2.) On or about September 27, 2010, plaintiff “inquired about obtaining ‘catastrophic’ or ‘high deductible’ insurance from Group Health Incorporated.” (Id. ¶ 43.) Plaintiff was quoted a premium of $1564.52 per month, which was a thirty percent “policy increase.” (Id. ¶¶ 45-46.) Plaintiff is not able to purchase catastrophic health care coverage and pay a penalty or fine under the individual mandate, which would apply to him even if he purchases the catastrophic coverage. (Id. ¶¶ 44, 48.)

B. Procedural History

Plaintiff filed the complaint on November 1, 2010. On January 3, 2011, defendants requested leave to file a motion to dismiss. On January 4, 2011, this Court waived the pre-motion conference requirement and set a briefing schedule for defendants’ motion. On February 4, 2011, defendants filed their motion to dismiss. On March 7, 2011, plaintiff filed his opposition. [233]*233On March 18, 2011, defendants filed their reply. The Court has fully considered the submissions and arguments of the parties.

II. Standard of Review

Defendants have moved to dismiss the complaint under Rule 12(b)(1) of the Federal Rules of Civil Procedure.

“A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000).

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Cite This Page — Counsel Stack

Bluebook (online)
814 F. Supp. 2d 230, 2011 U.S. Dist. LEXIS 112814, 2011 WL 4526079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-obama-nyed-2011.