United States Fourth Circuit

The Court found that the National Taxpayers Union may not challenge the constitutionality of section 1140 of the Social Security Act, 42 U.S.C section 1320b-10, in federal district court, because defendant has not sought enforcement of the provision against plaintiff, and subsequently, the court lacks subject-matter jurisdiction.

Appellate Information

• Decided 07/15/2004
• Published 07/15/2004

Judges

• Before WILKINSON, LUTTIG, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael Edward Geltner, Geltner & Associates, Washington, D.C., for Appellant.   Tara Leigh Grove, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF:  Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Washington, D.C.;  Thomas M. DiBiagio, United States Attorney, Office of the United States Attorney, Baltimore, Maryland;  Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.