" You throw enough stuff against the wall, something's gonna stick." -an old salesman's proverb.Another courtroom challenge has been added to the fight against Obamacare. The new suit filed this morning pits four individuals and three companies against the President's oppressive signature legislation. According to the WSJ:
The complaint focuses on the law’s distribution of federal subsidies for Americans to purchase insurance, and whether people can get them if they live in one of the 33 states that have refused to set up their own insurance exchanges and have left that task up to the federal government.The individual plaintiffs charge they they should not be considered "eligible for the subsidies" and should not have to pay a fine, tax or whatever they are calling it today, if they don’t purchase insurance, since they live in states without the exchange (in this case Tennessee, Texas, Virginia and West Virginia).
The “subsidies actually serve to financially injure and restrict the economic choices of certain individuals,” the new complaint says. “For these people, the Subsidy Expansion Rule, by making insurance less ‘unaffordable,’ subjects them to the individual mandate’s requirement to purchase costly, comprehensive health insurance that they otherwise would forgo.”Similarly the employers (from Missouri, Kansas and Texas) say they should not be subject to penalties that they may have to pay if their workers receive tax subsidies through the exchanges.
It is the opinion of Obama's Treasury Department that by applying the law’s provisions to the federally run exchanges the IRS are filing the provisions laws.
There is no way to predict whether this or any of the other lawsuits trying to strike down Obamacare will be successful, especially after Chief Justice Roberts' opinion in the first case to reach the court. With the absence of an anti-obamacare majority in the Senate and in the White House, those lawsuits are our only hope.
UPDATE: HOW COOL!!! My Friend Sarah is Plaintiff #4 in the lawsuit. Read her story by clicking here. Go Get 'em Sarah!