West Virginia ex rel. Morrisey v. U.S. Dep’t of Health & Human Servs., No. 15-5309 (D.C. Cir. July 1, 2016).
When Obamacare went into effect, health insurers announced that they planned to cancel millions of policies because they fell below the law’s minimum-coverage requirements. In response, the Obama administration decided not to enforce those requirements for a transitional period of three years. West Virginia has now sued the federal government, challenging this non-enforcement decision as beyond the President’s power. The President’s non-enforcement decision not having injured the state in any concrete way, the D.C. Circuit has little trouble determining that West Virginia lacks standing to bring this challenge.