DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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141520P.pdf 04/10/2015 St. Louis Effort For AIDS v. John Huff
U.S. Court of Appeals Case No: 14-1520
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Riley, Author, with Beam and Colloton, Circuit Judges]
Civil case - Missouri Health Insurance Marketplace Innovation Act. Where
the district court enjoined any attempt by Missouri under its Health
Insurance and Marketplace Innovation Act (Mo. Rev. Stat. Sec 376.2000 et
seq)to regulate the certified application counselors created by the
Affordable Care Act (ACA) to assist in the enrollment of applicants under
the ACA, the district court ignored the limited preemption effect created
by Sec. 18041(d) of the ACA and should have issued a more limited
injunction enjoining only certain portions of the Missouri statute; the
district court's injunction is limited to Mo. Rev. Stat. Sections
376.2002.(3),(5) and 376.2008; Section 376.2010.1 - the Missouri Act's
remedial provision - did not implicate the plaintiffs' First Amendment
rights and the section should not be enjoined.