Health Care & Reproductive Rights

Attorney General Kamala D. Harris Issues Statement on Supreme Court’s Ruling on the Affordable Care Act

June 28, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement regarding the U.S. Supreme Court’s decision on the Affordable Care Act:

“Today’s decision is a historic victory for Californians, for the President, and for the country. The Affordable Care Act repairs a healthcare system badly in need of reform and ensures that every American has access to affordable health care. We never doubted the constitutionality of this law, and it is already making a difference in the lives of millions of Californians.”

Attorney General Kamala D. Harris Announces National Settlements with Abbott Laboratories

May 7, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced two historic settlements with Abbott Laboratories over the illegal off-label marketing of its Depakote drug.

California joined other states and the federal government in a $1.5 billion civil and criminal settlement with Abbott Laboratories. The second largest recovery ever from a pharmaceutical company, this settlement resolves false claims made by Abbott Laboratories to Medicaid and other federal healthcare programs. The second settlement, a $100 million civil consumer protection settlement, is the largest consumer protection settlement ever reached with a pharmaceutical company.

As a result of the settlements, Abbott Laboratories will be restricted from marketing the drug for off-label uses not approved by the U.S. Food and Drug Administration.

“This company put people in harm’s way through the deceptive off-label uses of its drug,” Attorney General Harris said. “Californians should be able to trust the companies that produce pharmaceuticals and the magnitude of this settlement shows the seriousness of the offenses.”

As part of the $1.5 billion settlement, Abbott Laboratories will pay the states and the federal government $800 million in civil damages and penalties to compensate Medicaid, Medicare, and various federal healthcare programs for harm suffered as a result of its conduct. The California gross share recovery is $52 million plus 2.5 percent annual interest, which will be split among various parties, including the U.S. Department of Health Care Services, the whistleblowers the California Department of Health Care Services and the California False Claims Act Trust.

Abbott Laboratories also pled guilty this morning to a violation of the Food, Drug, and Cosmetic Act (FDCA) and agreed to pay $700 million in criminal fines. Further as a condition of the settlement, Abbott Laboratories will enter into a Corporate Integrity Agreement with the United States Department of Health and Human Services, Office of the Inspector General.

“We are pleased that this settlement retrieves scarce Med-Cal funds that should be used for the care of vulnerable Californians,” said California Department of Health Care Services Director Toby Douglas. “Protecting the fiscal integrity of Medi-Cal remains a top priority for this department.”

The $1.5 billion settlement includes 49 states and the District of Columbia and is based on four qui tam cases filed under federal and California false claims statutes. A team appointed by the National Association of Medicaid Fraud Control Units participated in the investigation and conducted the settlement negotiations with Abbott on behalf of the participating states. Team members from the Attorney General Harris’ Bureau of Medi-Cal Fraud and Elder Abuse include Investigative Auditor Martha Valdez, Special Agent Supervisor Cynthia Bentley and Deputy Attorneys General Matt Kilman and Carlotta Hivoral.

The second settlement announced today included 44 other states and the District of Columbia. The $100 million consumer protection settlement included $6.7 million for California, the largest share of any state.

In the complaint filed today with the settlement agreement, the states alleged that Abbott engaged in unfair and deceptive practices when it marketed Depakote for off-label uses. Depakote is approved for treatment of seizure disorders, mania associated with bipolar disorder and prophylaxis of migraines, but the attorneys general alleged Abbott marketed the drug for treating unapproved uses, including schizophrenia, agitated dementia and autism.

As a result of the states’ investigation, Abbott has agreed to significantly change how it markets Depakote and to cease promoting off-label uses.

Under the consumer protection settlement, Abbott Laboratories is:
-Prohibited from making false or misleading claims about Depakote
-Prohibited from promoting Depakote for off-label uses
-Required to ensure financial incentives on sales do not promote off-label uses of Depakote

In addition, for a five-year period Abbott must:
-Limit responses to requests by physicians for non-promotional information about off-label uses of Depakote
-Limit dissemination of reprints of clinical studies relating to off-label uses of Depakote
-Limit use of grants and continued medical education
-Disclose payments to physicians
-Register and disclose clinical trials

Joining California in the consumer protection settlement are the Attorneys General of the District of Columbia and the following states: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin.

Attorney General Kamala D. Harris Issues Statement in Support of the Affordable Care Act

March 23, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued the following statement:

“As Attorney General of California, I am committed to protecting our nation’s landmark federal healthcare reform law.

Today marks the second anniversary of the Affordable Care Act. This historic reform to our healthcare system protects everyone, particularly the most vulnerable among us, including our children and seniors. Californians can no longer lose their health coverage for being ill, and soon they will not be denied coverage on the basis of a pre-existing condition.

Joined by other Attorneys General, my office has vigorously defended the constitutionality of health care reform in the U.S. Supreme Court and federal appellate courts. Our legislature should be commended for passing a robust package of laws to ensure the swift implementation of the Affordable Care Act in California.”

Attorney General Kamala D. Harris Files U.S. Supreme Court Brief in Support of Medicaid Expansion

February 17, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris has filed a friend-of-the-court brief in the U.S. Supreme Court urging the court to uphold the constitutionality of the landmark federal healthcare reform law’s Medicaid expansion which has helped millions of Americans obtain insurance.

The Patient Protection and Affordable Care Act of 2010 (ACA) increases health care coverage in a variety of ways, including expanding Medicaid eligibility to nearly all non-elderly adults who earn up to 133 percent of the federal poverty line. This is expected to expand health insurance coverage to 11.2 million people nationwide, including 1.9 million Californians. California was one of the first states to begin covering low-income adults, ages 19 to 64, who would not have otherwise qualified for Medi-Cal. As of October 2011, more than 220,000 Californians were covered through the program, which also provides funds for hospital care and public health initiatives.

“Millions of previously uninsured Californians now have access to quality health care due to federal law,” said Attorney General Harris. “Extending Medicaid to all low-income adults is vital to ensuring that every individual has access to affordable and reliable health insurance. Every individual deserves to be treated with dignity and to receive the care they need.”

Attorney General Harris, joined by 11 other attorneys general, argued in the brief filed today in the U.S. Supreme Court that the ACA does not coerce states into action, but maintains the fundamental Medicaid arrangement of a federal-state cooperative program.

The amicus brief argues that Congress has the authority to define the central requirements of the program according to federal objectives and to provide financial incentives for states to comply with these basic requirements. Since Medicaid’s enactment over 45 years ago, Congress has frequently extended coverage to new populations in response to changing policy concerns. The ACA’s Medicaid expansion is no different.

“The Medicaid expansion significantly changes who is eligible for Medicaid, but the ACA does not change the basic structure of the program or how the program is implemented. Medicaid has always been a cooperative partnership between the federal government and the States, and the ACA does not change that. The Act continues the tradition of State flexibility and experimentation that has been the hallmark of cooperative federalism, by allowing the States to apply for federal grants, seek waivers, operate demonstration projects, and otherwise exercise discretion in implementing Medicaid. The ACA thus strikes an appropriate, and constitutional, balance between national requirements that will expand access to affordable healthcare and State flexibility to design programs that achieve that goal,” the amicus brief states.

The federal government is covering the lion’s share of the costs for this expansion, paying 100 percent of the costs until 2016 and 90 percent or more thereafter.

Other states joining California in this brief are Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon and Vermont. The brief is also joined by the Governor of Washington.

Attorney General Harris has vigorously defended the constitutionality of federal health care reform. Joined by other attorneys general, she has filed three briefs in the U.S. Supreme Court and five briefs in the federal appellate courts urging the courts to uphold the Patient Protection and Affordable Care Act.

A copy of the amicus is attached to the online version of this release at www.oag.ca.gov.

Attorney General Kamala D. Harris Announces Settlement Requiring Honest Advertising over Brazilian Blowout Products

January 30, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced a settlement with the manufacturer of Brazilian Blowout products that will require the company to warn consumers and hair stylists that two of its most popular hair smoothing products emit formaldehyde gas.

The settlement requires GIB, LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe. The company must also make significant changes to its website and pay $600,000 in fees, penalties and costs.

“California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use,” said Attorney General Harris. “This settlement requires the company to disclose any hazard so that Californians can make more informed decisions.”

Today’s settlement is the first government enforceable action in the United States to address the exposures to formaldehyde gas associated with Brazilian Blowout products. It is also the first law enforcement action under California’s Safe Cosmetics Act, a right-to-know law enacted in 2005.

In November 2010, the Attorney General’s office filed suit against GIB, LLC for violating five state laws, including deceptive advertising and failure to provide consumers with warnings about the presence of a carcinogen in its products.

The settlement covers two products used in a popular salon hair straightening process, the “Brazilian Blowout Acai Smoothing Solution” and the “Brazilian Blowout Professional Smoothing Solution”.

The complaint alleged the two products contained formaldehyde but were labeled “formaldehyde free.”
Proposition 65 requires businesses to notify Californians about certain exposures to chemicals in the products they purchase. Formaldehyde is on the Proposition 65 list of chemicals known to cause cancer.

The complaint alleged that that GIB – the manufacturer of the Brazilian Blowout products – did not inform customers or workers that formaldehyde gas was being released during a Brazilian Blowout treatment, and therefore product users did not take steps to reduce their exposure, such as increasing ventilation. Under the terms of the settlement, GIB is required to:

- Produce a complete and accurate safety information sheet on the two products that includes a Proposition 65 cancer warning; distribute this information to recent product purchasers who may still have product on hand; and distribute it with all future product shipments. The revised safety information sheet -- known as a “Material Safety Data Sheet,” or MSDS -- will be posted on the company’s web site.

- Affix “CAUTION” stickers to the bottles of the two products to inform stylists of the emission of formaldehyde gas and the need for precautionary measures, including adequate ventilation.

- Cease deceptive advertising of the products as formaldehyde-free and safe; engage in substantial corrective advertising, including honest communications to sales staff regarding product risks; and change numerous aspects of Brazilian Blowout’s web site content.

- Retest the two products for total smog-forming chemicals (volatile organic compounds) at two Department of Justice-approved laboratories, and work with DOJ and the Air Resources Board to ensure that those products comply with state air quality regulations.

- Report the presence of formaldehyde in its products to the Safe Cosmetics Program at the Department of Public Health.

- Disclose refund policies to consumers before the products are purchased.

- Require proof of professional licensing before selling “salon use only” products to stylists.

GIB will also pay $300,000 in Proposition 65 civil penalties, and $300,000 to reimburse the Attorney General’s office fees and costs.

A copy of the settlement is attached to the online version of this release at www.oag.ca.gov.

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Attorney General Kamala D. Harris Leads 10 States in Filing U.S. Supreme Court Brief Urging Court to Uphold Health Care Reform

January 27, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today led 10 states in filing a friend-of-the-court brief in the U.S. Supreme Court urging the high court not to invalidate the federal health care reform law in its entirety if that court decides the minimum coverage provision is unconstitutional.

“States have begun to implement substantial portions of the Act, such as prohibiting insurance companies from denying coverage to children with preexisting conditions, allowing States to better regulate insurance rates, and helping States establish high risk pools for their citizens. Today, these reforms are bringing real relief to States, medical providers, and families across the country. The reforms are also helping all States grapple with the serious problem of the high number of uninsured citizens. While the minimum coverage provision unquestionably advances the Congressional goal of comprehensive health care reform in general and private health insurance reform in particular, the minimum coverage provision operates independently of the vast majority of the Affordable Care Act,” the amicus brief states.

In August 2011, a divided United States Court of Appeals for the Eleventh Circuit ruled that the Patient Protection and Affordable Care Act’s minimum coverage provision, which in 2014 will require that adults maintain adequate health insurance, is unconstitutional. The United States government appealed that decision to the U.S. Supreme Court, which will hear oral arguments in the matter in March.

Attorney General Harris, joined by 10 other attorneys general, argued in a brief filed today in the U.S. Supreme Court that the minimum coverage provision is constitutional. If, however, the court decides the minimum coverage provision is unconstitutional, the remainder of the Patient Protection and Affordable Care Act – including measures that have already been implemented – should remain intact.

Since March 2010, when the landmark federal healthcare law was enacted, Californians have benefitted from numerous reforms that have lowered costs and increased health care options. For example, insurance companies can no longer deny coverage to the state’s 2.2 million children with pre-existing conditions. And, as a result of the federal reform, most young people in California can remain on their parent’s insurance until their 26th birthday.

California was one of the first states to begin covering low-income adults, ages 19 to 64, who do not qualify for Medi-Cal. As of October 2011, more than 220,000 Californians were covered through the program, which also provides funds for hospital care and public health initiatives.

California has also received millions in grant funds, including $42.7 million to create a new fund to prevent illness and promote health.

“This important reform is comprehensive and wide-reaching across the healthcare industry. It does everything from encourage Americans to enter the nursing profession to improve the quality of care for Medicare beneficiaries,” Attorney General Harris said. “Its real and lasting benefits have already taken effect in California and are making meaningful differences in the lives of millions of individuals.”

Other states joining California in this brief are Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New Mexico, New York, Oregon and Vermont. The brief is also joined by the District of Columbia and the Governor of Washington.

Attorney General Harris has vigorously defended the constitutionality of federal health care reform. Joined by other attorneys general, she has filed two briefs in the U.S. Supreme Court and five briefs in the federal appellate courts urging the courts to uphold the Patient Protection and Affordable Care Act.

A copy of the amicus is attached to the online version of this release at www.oag.ca.gov.

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Attorney General Kamala D. Harris Files U.S. Supreme Court Brief in Support of Constitutionality of Health Care Reform

January 13, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO --- Attorney General Kamala D. Harris has filed a friend-of-the-court brief in the U.S. Supreme Court supporting the constitutionality of federal health care reform and urging the high court to uphold the landmark law.

“Though state governments and private actors have taken important and innovative steps to expand access to health care and to restrain the growth of health care costs, no remedy can be fully effective without action on a national level. The Commerce Clause empowers Congress to take such action, and Congress properly employed that power in addressing the nation’s healthcare crisis through the reforms enacted in the Affordable Care Act,” the amicus brief states.

In August 2011, a divided United States Court of Appeals for the Eleventh Circuit ruled that the Patient Protection and Affordable Care Act’s minimum coverage provision, which requires that individuals maintain adequate health insurance, is unconstitutional. The United States government appealed that decision to the U.S. Supreme Court, which will hear oral arguments in the matter in March 2012.

Attorney General Harris, joined by 12 other attorneys general, argued in a brief filed today in the U.S. Supreme Court that the Constitution gives Congress broad powers to regulate interstate commerce, including individual conduct that substantially affects interstate commerce.

The failure of millions of Americans to purchase health insurance has a substantial negative impact on interstate commerce, as well as state economies and budgets. In 2009, the healthcare economy accounted for 17.6% of the nation’s gross domestic product. In 2008, the cost of uncompensated health care — health care provided to those who lacked insurance or some other ability pay — was $43 billion nationally. As a result, providers shift a significant portion of those costs onto insurance companies and other payers. Each American family, on average, pays $1,000 more than necessary in health insurance premiums as a result of the shifting of those costs.

“Health care is one of the fastest growing expenditures in the federal budget, California’s state budget, and the budgets of families across America,” Attorney General Harris said. “Federal health care reform is not only essential to improving access to quality health care in California, it also is central to the long-term health of our economy, as well as state and local budgets.”

The historic health care reform law will reduce the need to shift the cost of uncompensated care of the uninsured or underinsured and will reduce the expenses absorbed by the states and by individuals with health insurance. The Patient Protection and Affordable Care Act is an indispensable aid to the states in their own efforts to tackle the healthcare problems their residents face.

Other states joining California in this brief are Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New Mexico, New York, Oregon and Vermont. The brief is also joined by the District of Columbia and the Virgin Islands.

A copy of the amicus is attached to the online version of this release at www.oag.ca.gov.

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Attorney General Kamala D. Harris Files Brief in Support of Federal Health Care Law

August 22, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris has filed a brief in the United States Court of Appeals for the Eighth Circuit supporting the constitutionality of the Patient Protection and Affordable Care Act and urging the court to affirm the states’ rights to protect the health and safety of their citizens.

“The law strikes an appropriate, constitutional balance between federal and state authority over the health care system,” Attorney General Harris said. “It establishes federal standards, backed by federal funding, to expand access to affordable coverage while conferring considerable latitude on states to design systems that work best for their citizens.”

Attorney General Harris, joined by nine other attorneys general, asserted in the brief that the federal health care law bolsters, rather than usurps, state authority to address problems in the national health care economy that the states cannot solve effectively on their own.

According to the brief, the health care law solves a national problem in a way that gives greater power to states by building on a successful model of cooperative federalism. Further, the brief states that the framework established by the law “empowers states to create enduring solutions to those problems, and to do so with federal support.” The attorneys general also argue that the minimum coverage provision is a constitutional and integral element of Congress’s interstate solution to the health care crisis.

California was joined in this brief along with Connecticut, Delaware, Hawaii, Iowa, Maryland, New York, Oregon, Vermont, and the District of Columbia.

In July, the same group of attorneys general filed a friend-of-the court brief in the United States Court of Appeals for the District of Columbia urging that court to affirm the constitutionality of the federal health care reform law. Attorney General Harris also filed similar briefs in April in the United States Court of Appeals for the Eleventh Circuit, in March in the United States Court of Appeals for the Fourth Circuit, and in January in the United States Court of Appeals for the Sixth Circuit.

The Eighth Circuit case is Kinder v. Geithner, No. 11-1973, United States Court of Appeals for the Eighth Circuit. ###

Attorney General Kamala D. Harris Announces Dismantling of International Prescription Drug Trafficking Scheme

August 19, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris today announced 15 arrests in a large-scale U.S.-Mexico prescription drug trafficking organization that used its proceeds to fund criminal activity in the United States.

The California Department of Justice’s Bureau of Narcotic Enforcement initiated the investigation after conducting numerous border stops of members of the drug trafficking organization, some of whom were validated gang members. The group would acquire wholesale quantities of controlled pharmaceutical drugs, such as OxyContin and Hydrocodone, smuggle the drugs to Mexico where they were sold, and then smuggle the cash back into the United States to finance their criminal operations.

“Prescription drug diversion is a growing challenge for law enforcement, and one increasingly coordinated by well-funded criminal organizations,” said Attorney General Harris. “The people of California are safer now that our brave law enforcement officers have disrupted and dismantled this prescription drug diversion network.”

Anthony Wright, the leader of the organization, boasted that he earned $1,000 a day for the several years the operation was running. In the San Diego area, the organization brought upwards of $400,000 into the United States from Mexico in just a six-month period.

Since 2009, numerous border stops have been conducted on members of the drug trafficking organization, resulting in the seizure of approximately 1,288 OxyContin pills and 9,500 Hydrocodone pills, with an estimated street value of $78,000.

Wright, the primary source for this drug trafficking organization, frequented Dabney’s Pharmacy in South Central Los Angeles, which is believed to have provided large quantities of Hydrocodone and other controlled substances pharmaceuticals without reporting the transactions to the California Department of Justice’s Bureau of Narcotics Enforcement. This pharmacy has failed to report filling any scheduled prescriptions to the state’s prescription monitoring program since November 2009, as required by state regulations. Agents also believe Wright acquired significant amounts of pharmaceutical controlled drugs by utilizing a large network of individuals to obtain prescriptions in return for money.

The controlled substance pharmaceutical drugs were acquired from San Diego, Riverside and Los Angeles counties through drug diversion programs, and prescription and insurance fraud. The pharmaceuticals were then smuggled into Tijuana, Mexico, where they were sold to illicit pharmacies. The traffickers smuggled the money back into the United States and used it to continue financing criminal activities.

Additionally, approximately $66,200 has been seized from members of the drug trafficking organization upon re-entry into the United States and Fatina Hicks and Derrick Belser were arrested on felony warrants for the transportation of controlled substances pharmaceuticals.

Five federal indictments were unsealed today, and earlier this month nine felony arrest warrants were issued by the Los Angeles and San Diego District Attorney’s offices.

Other agencies participating in the investigation include Homeland Security Immigration, the Federal Bureau of Investigation, the US Attorney’s Office for the Southern District of California, the Los Angeles and San Diego Counties District Attorney’s Offices, the California Department of Health Services, California Board of Pharmacy, and Los Angeles Police and Oceanside Police Departments, San Diego County Sheriff’s Department, California Medical Board, Drug Enforcement Administration and the LA County Sherriff’s Office.

Attorney General Kamala D. Harris Joins Amicus Brief in Support of Health Care Reform Law

July 7, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO --- Attorney General Kamala D. Harris has signed a friend-of-the court brief in the United States Court of Appeals for the District of Columbia in support of the constitutionality of the Patient Protection and Affordable Care Act.

“Health care reform saves lives, and that is why I am determined to protect this law,” Attorney General Harris said.

The filing comes one week after the United States Court of Appeals for the Sixth Circuit affirmed the constitutionality of the federal health care reform law in Thomas More Law Center v. Obama. It was the first federal appeals court ruling to address the constitutionality of the landmark health care law.

Attorney General Harris and nine other attorneys general argued in the brief that the Constitution grants Congress broad powers to regulate interstate commerce - and that the decision to purchase health insurance has a significant impact on interstate commerce because it allows the formation of risk pools, lowers health care costs nationally and reduces the cost of uncompensated care.

“The law strikes an appropriate, constitutional balance between federal and state authority over the health care system by creating federal requirements, backed by federal funding, to expand access to affordable coverage, while conferring considerable latitude to allow states to decide how best to design a system of federally-supported coverage that works well for their citizens,” the amicus brief states.

The failure of millions of Americans to purchase health insurance has a significant impact on the states. In 2009, more than 7.2 million Californians - nearly one in four people under the age of 65 - lacked insurance for all or part of the year. More than 5.5 million Californians who could not afford private health insurance are enrolled in government-sponsored health plans, which will cost the state a projected $42 billion in the next fiscal year.

The minimum coverage provision of the Affordable Care Act will reduce the need to shift the cost of uncompensated care of the uninsured - and will thus reduce the expenses now absorbed by the states and by individuals with health insurance.

Others joining California in this brief are Connecticut, Delaware, the District of Columbia, Hawaii, Iowa, Maryland, New York, Oregon and Vermont.

In January, the same group of attorneys general - except the District of Columbia - filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit arguing for the constitutionality of the Affordable Care Act: http://oag.ca.gov/news/press_release?id=2032&p=3.

In March, those attorneys general filed an amicus brief supporting the law’s constitutionality in the U.S. Court of Appeals for the Fourth Circuit: http://oag.ca.gov/news/press_release?id=2047&p=3.

In April, the same states filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit supporting the constitutionality of the law: http://www.oag.ca.gov/news/press_release?id=2067

The D.C. case is Seven-Sky v. Holder, No. 11-5047, United States Court of Appeals for the District of Columbia.