University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name City of Columbus v. Trump PR-MD-0002
Docket / Court 1:18-cv-02364-DKC ( D. Md. )
State/Territory Maryland
Case Type(s) Presidential/Gubernatorial Authority
Special Collection Take Care
Case Summary
On August 2, 2018, various cities and city officials across the country and one married couple from Charlottesville, Virginia, filed this lawsuit in the U.S. District Court for the District of Maryland against Donald J. Trump (in his official capacity as President of the United States), the U.S ... read more >
On August 2, 2018, various cities and city officials across the country and one married couple from Charlottesville, Virginia, filed this lawsuit in the U.S. District Court for the District of Maryland against Donald J. Trump (in his official capacity as President of the United States), the U.S. Department of Health and Human Services, and the Centers for Medicare and Medicaid Services, alleging violations of the Administrative Procedure Act and Take Care Clause regarding various executive actions related to the Affordable Care Act (ACA).

Specifically, Plaintiffs alleged that a final rule promulgated by the Centers for Medicare and Medicaid Services in April 2018 undermined many of the ACA’s safeguards and requirements. Plaintiffs also pointed to a variety of other executive actions they claim demonstrate Defendants’ violation of their constitutional duty to faithfully execute the ACA. Plaintiffs are represented by their respective legal departments and Democracy Forward Foundation. Plaintiffs seek declaratory and injunctive relief to enjoin the rule and other executive behaviors, as well as an order for Defendants to take various steps to comply with their constitutional obligation to take care to faithfully execute the ACA. They also request costs and attorney’s fees. This case was assigned to Judge Deborah K. Chasanow.

Plaintiffs include cities (and/or city officials) from Columbus, Ohio; Baltimore, Maryland; Cincinnati, Ohio; Chicago, Illinois; Philadelphia, Pennsylvania (added through an amended complaint filed January 25, 2019); and a married couple who resides in Charlottesville, Virginia. They alleged that the Final Rule would eliminate protections guaranteed by the ACA, deter Americans from enrolling in quality health insurance plans, and drive up insurance costs. They further alleged that the Executive branch has directed agencies to “sabotage” the ACA, committed various actions in an attempt to destabilize the exchanges, has strategically worked to decrease enrollment, has arbitrarily driven up premiums, and has refused to defend the ACA. They claim that these actions have caused premiums to rise and the uninsured to increase, harming Government Plaintiffs by forcing them to spend more on uncompensated care. They also alleged that Defendant’s actions harm Individual Plaintiffs by making insurance coverage harder and more expensive to procure. The complaint stated two causes of action, first under the Administrative Procedure Act (alleging that the Final Rule is arbitrary and capricious) and second under the Take Care clause (U.S. Const. Art. II, § 3).

After the complaint was initially filed in August 2018, the court granted Defendants two time extensions to respond. On December 25, 2018, Defendants filed a motion to dismiss for lack of jurisdiction. On January 25, 2019, Plaintiffs amended their complaint, adding Philadelphia as a plaintiff and including recent executive actions that allegedly constitute part of a systematic attack on health law. Defendants were granted three additional time extensions to respond to Plaintiff’s complaint in January and February, 2019, then they filed an updated motion to dismiss. Plaintiffs filed a memo in opposition to the motion to dismiss in June, and the U.S. House of Representatives along with thirteen counties and cities filed amicus "friend-of-the-court" briefs in support of plaintiffs. Defendants’ response to Plaintiffs’ opposition memo is due by August 21, 2019. The case is ongoing.

Elise Coletta - 07/14/2019


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Centers for Medicare and Medicaid Services
Donald J. Trump, in his official capacity as President of the United States of America
U.S. Department of Health and Human Services
Plaintiff Description City governments and/or city official from Columbus, Ohio; Baltimore, Maryland; Cincinnati, Ohio; Chicago, Illinois; Philadelphia, Pennsylvania (added through an amended complaint filed January 25, 2019); and married couple Steven Vondra and Bonnie Madison who reside in Charlottesville, Virginia.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 08/02/2018
Case Ongoing Yes
Docket(s)
1:18-cv-2364 (D. Md.)
PR-MD-0002-9000.pdf | Detail
Date: 04/21/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PR-MD-0002-0001.pdf | Detail
Date: 08/02/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 44]
PR-MD-0002-0002.pdf | Detail
Date: 01/25/2019
Source: PACER [Public Access to Court Electronic Records]
Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs [ECF# 65-1]
PR-MD-0002-0003.pdf | Detail
Date: 06/07/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Chasanow, Deborah K. (D. Md.) show/hide docs
PR-MD-0002-9000
Plaintiff's Lawyers Baker-Morrish, Lara (Ohio) show/hide docs
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Campisano, Charles (Ohio) show/hide docs
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Cortes, Diana P. (Pennsylvania) show/hide docs
PR-MD-0002-0002
Davis, Andre Maurice (Maryland) show/hide docs
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Ewing, Eleanor N. (Pennsylvania) show/hide docs
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Field, Benjamin H. (Pennsylvania) show/hide docs
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Grogg, Adam Anderson (District of Columbia) show/hide docs
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Guzman, Javier M (District of Columbia) show/hide docs
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Kane, Stephen J. (Illinois) show/hide docs
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Klein, Zachary M (Ohio) show/hide docs
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Kropf, Sara (District of Columbia) show/hide docs
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Lewis, John T. (District of Columbia) show/hide docs
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Lewis, Jane Hannah (Maryland) show/hide docs
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Martinez, Elizabeth Ryan (Maryland) show/hide docs
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Muething, Paula Boggs (Ohio) show/hide docs
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Notz, Jane Elinor (Illinois) show/hide docs
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Pratt, Marcel S. (Pennsylvania) show/hide docs
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Sangree, Suzanne (Maryland) show/hide docs
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Shea, Jennifer (Ohio) show/hide docs
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Siskel, Edward N. (Illinois) show/hide docs
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Defendant's Lawyers Mauler, Daniel (District of Columbia) show/hide docs
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Moore, Tamra (District of Columbia) show/hide docs
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Wyer, Kathryn L. (District of Columbia) show/hide docs
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Other Lawyers Addo, Michael K (District of Columbia) show/hide docs
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Barbero, Megan (District of Columbia) show/hide docs
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Cedarbaum, Jonathan (District of Columbia) show/hide docs
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Collins, Alexis L. (District of Columbia) show/hide docs
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Dotzel, Margaret M (District of Columbia) show/hide docs
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Elias, Nimrod P (California) show/hide docs
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Galicki, Alexander (District of Columbia) show/hide docs
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Gorod, Brianne J. (District of Columbia) show/hide docs
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Hollis, Jessica (District of Columbia) show/hide docs
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Kolker, Peter R. (District of Columbia) show/hide docs
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Lattner, Edward Barry (Maryland) show/hide docs
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Letter, Douglas (District of Columbia) show/hide docs
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Nannery, Valerie M (District of Columbia) show/hide docs
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Phatak, Ashwin P. (District of Columbia) show/hide docs
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Schultz, William B (District of Columbia) show/hide docs
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Slater, Matthew D. (District of Columbia) show/hide docs
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Wolfson, Paul Reinherz (District of Columbia) show/hide docs
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Wydra, Elizabeth B. (District of Columbia) show/hide docs
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