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Challenging the Affordable Care Act’s Violation of Individual Rights

Coons v. Lew

Case Status

Date Filed

May 12, 2014

Last Step

Cert petition denied.

Next Step

Wait for IPAB to take action and refile.

Case Overview

On August 12, 2010, the Goldwater Institute filed a lawsuit against the Affordable Care Act, challenging the constitutionality of the Independent Payment Advisory Board (IPAB) rationing board and the individual mandate.

The Goldwater Institute challenges the Affordable Care Act’s violation of individual rights and the Separation of Powers doctrine. Specifically, our suit is unique among the other lawsuits pending around the country in that it challenges Congress’s creation of IPAB as an unconstitutional consolidation of government power in an unelected, unaccountable executive agency.

Case Logistics

Nick Coons of Tempe, Arizona owns his own computer sales and repair business and pays for health care out of his pocket. However, he will face heavy fines from the IRS if he doesn’t buy a government-approved health insurance plan by 2014.

Dr. Eric Novack is an orthopedic surgeon in Glendale, Arizona. Many of his patients are on Medicare. The health care law empowers the Independent Payment Advisory Board to cut Medicare reimbursements to physicians like Dr. Novack in order to cut Medicare spending. Cutting reimbursement rates when they are already low will result in forcing doctors to cut the number of Medicare patients they see and reduced care for Medicare recipients. IPAB is not reform – it is Congress’s way of abdicating its duties to a centralized, unelected, unaccountable board.

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