Michael Cannon at Cato writes:
There have been several developments with respect to the Obama administration’s attempt to impose the Patient Protection and Affordable Care Act’s employer-mandate penalties and individual-mandate penalties where it has no authority to do so.
Read about it here: The Obama Administration’s Illegal Health Care Taxes: an Update | Cato @ Liberty.
In “ObamaCare: 21 States Reject Exchanges On Cost, Rules,” David Hogberg at Investors Business Daily writes:
The exchanges are where consumers without employer-based coverage will shop for insurance under ObamaCare and receive a tax credit toward its purchase if they are eligible. But 21 states have expressly declined to set up their own exchanges, with nine others still undecided ahead of the Dec. 14 deadline. …
Supporters of state exchanges say they’ll allow state leaders to tailor plan benefits and other key provisions to best serve their residents. But governors of the opt-out states say that in reality, the federal government has left states little power to do that. …
One snag is that the ObamaCare legislation appears to only grant taxpayer subsidies to state-run exchanges. Further, without exchange subsidies, businesses in those states would not face the employer mandate to provide coverage or pay a fine.
Obama’s Internal Revenue Service has ruled that federal exchanges would still get subsidies, despite the law’s wording. But the ruling could be vulnerable to court challenges.
Read more: ObamaCare: 21 States Reject Insurance Exchanges Over Cost, Rules – Investors.com.
At National Review Online, Jonathan H. Adler reviews the pending lawsuits against Obamacare. Some excerpts:
The largest set of PPACA cases are the various challenges to HHS’s contraception mandate, under which employer-provided group-insurance plans must cover all forms of FDA-approved contraception and sterilization procedures. … They contend that such a mandate contravenes the Religious Freedom Restoration Act of 1993 (RFRA), if not the First Amendment’s protection of religious practice too. …
Physician-owned hospitals have raised constitutional challenges to PPACA provisions limiting their reimbursement under Medicare, and other service providers are likely to challenge implementation decisions that compromise their bottom lines.
In addition, the Goldwater Institute filed the first challenge to the Independent Payment Advisory Board (IPAB) on separation-of-powers grounds.
The Obamacare Cases Keep Coming – Jonathan H. Adler – National Review Online.
There’s also the lawsuit, Oklahoma v. Sebelius, concerning subsidies for exchanges not set up by states: Oklahoma Challenges Obama’s Illegal Employer Tax.
See also: healthcarelawsuits.org.
From Michael Cannon at Cato:
Roll Call reports that if President Obama wins re-election, House and Senate Republicans will hold votes on rescinding his illegal IRS rule that unlawfully taxes employers and individuals in the 30 or so states that do not create their own health insurance exchanges
Read more: GOP Vows to Keep Fighting IRS’s Illegal ObamaCare Taxes if Obama Wins
See also Cannon’s more recent post: If Oklahoma Wins Lawsuit, ‘The Whole Structure’ of ObamaCare ‘Starts to Fall Apart’