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Prior Cases

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King v. Burwell was a challenge to a key component of the Patient Protection and Affordable Care Act (“ACA”), a landmark law dedicated to achieving widespread, affordable health care.

Kitchen v. Herbert and Bishop v. Smith are federal-court challenges to discriminatory marriage laws in Utah and Oklahoma, respectively.  

On March 20, 2013, Constitutional Accountability Center filed a brief in the U.S. Court of Appeals for the Fifth Circuit in support of the appellees in Koenning v. Suehs, a case that had important implications for the Spending Clause, preemption, and the private enforcement of federal Medicaid requirements. At issue in Koenning was whether the federal Medicaid statute’s state plan requirements preempted contrary state laws and whether federal requirements were enforceable by Medicaid beneficiaries.

Koontz v. St. Johns River Water Management District involved a Fifth Amendment Takings Clause challenge to the denial of a development permit. Coy Koontz, Sr., was a developer who sought a permit to dredge and fill more than three acres of protected wetlands in Florida. Under Florida law, Koontz was required to offset any harm to protected wetlands by either revising his development proposal to reduce its overall environmental impact or mitigating any remaining harm through creating, restoring, enhancing, or preserving other wetlands within the river basin.  After Koontz rejected a series of mitigation measures suggested by the District and cut off any further negotiations, the District denied Koontz’s permit application. Koontz sued, alleging a “regulatory taking.” The trial court’s ruling in favor of Koontz was reversed by the Florida Supreme Court. The U.S. Supreme Court granted Koontz’s petition for a writ of certiorari.