Family Research Council

Record Nos. 11-1057 & 11-1058

In the United States Court of Appeals
for the Fourth Circuit


COMMONWEALTH OF VIRGINIA,
ex rel. Kenneth T. Cuccinelli, II, in his official capacity as Attorney General of Virginia,
Plaintiff-Appellee/Cross-Appellant,

v.

KATHLEEN SEBELIUS, Secretary of the Department of Health and Human Services,
in her official capacity,
Defendant-Appellant/Cross-Appellee.


On Appeal from the United States District Court for the Eastern District of Virginia


APPELLEE'S REPLY BRIEF REGARDING CROSS APPEAL

Having found the mandate and the penalty unconstitutional, the district court erred in deciding to sever only Section 1501 and directly-dependent provisions which make specific reference to Section 1501. (J.A. at 1114). Taken literally, this ruling of the district court leaves standing the remainder of PPACA, including provisions that the Secretary has conceded are directly-dependent on the mandate and penalty. (J.A. at 901-02). This is a consequence of the district court's choice of words because no other provision of PPACA makes an explicit reference to Section 1501.