A project of the Galen Institute

Issue: "Legal Challenges"

Is ObamaCare a Law?

Review & Outlook
Wall Street Journal
Sun, 2014-03-30
"Liberals keep dismissing challenges to ObamaCare, political and legal, so it's no surprise they mostly ignored last week's oral argument at the D.C. Circuit Court of Appeals that could send another case to the Supreme Court. Coming in the week the White House wheeled out its 38th rewrite of the law, Halbig v. Sebelius is even more important for the contours of executive power and the rule of law."

Obamacare's Disappearing Insurance Mandate

Joe Antos
Real Clear Markets
Wed, 2014-03-19
"House Republicans have called the White House's bluff on Obamacare's mandate that requires everyone to buy health insurance. And Democrats are mad. On Friday, House Republicans approved a bipartisan deal to end the threat of a 24 percent pay cut for physicians treating Medicare patients. After a decade of delaying ever-increasing reductions called for by the sustainable growth rate (SGR) formula, it is clear that Congress will find some way to avoid hitting doctors this hard in an election year."

Hobby Lobby Wins Partial Victory From Appeals Court In Health Care Challenge

Brianna Bailey, The Oklahoman
Thu, 2013-06-27

"A federal appeals court in Denver sided with Hobby Lobby Stores Inc. on Thursday in its legal battle against part of the Affordable Care Act. The 10th Circuit Court of Appeals moved to reverse a lower court's decision to deny Hobby Lobby Stores Inc.'s quest for an injunction against part of the Affordable Care Act that requires it to cover the cost of emergency contraceptives for some of its employees."

Obamacare Gets New Court Challenge

Louise Radnofsky, The Wall Street Journal
Thu, 2013-05-02

"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."

Obamacare’s Shell Games Collectivize Our Consciences

Ilya Shapiro
Cato At Liberty
Fri, 2013-02-08

"Facing increasing losses in federal courts over Obamacare’s contraceptive mandate, the Department of Health & Human Services last week promulgated a rule to expand exemptions for religious nonprofits. That sounds good, but what the government is actually doing is a sort of accounting shell game: employers will no longer have to pay for the products/services to which they objects, but the government requires them to contract with an insurance company that the government then requires to provide these products/services to employees who want them 'for free.'"

The time bomb in Obamacare?

George Will
The Washington Post
Fri, 2013-01-18

"A willow, not an oak. So said conservatives of Chief Justice John Roberts when he rescued the Affordable Care Act (ACA) — a.k.a. Obamacare — from being found unconstitutional. But the manner in which he did this may have made the ACA unworkable, thereby putting it on a path to ultimate extinction."

Hobby Lobby To Defy Law On Contraception Insurance Coverage

Shan Li, Los Angeles Times
Tue, 2013-01-01

"After losing a last-minute appeal to the Supreme Court, craft stores chain Hobby Lobby said it would defy a federal healthcare mandate requiring employers to provide their workers with insurance that covers emergency contraceptives. The Oklahoma City-based chain, owned by a conservative Christian family, had applied to the high court to block a part of the federal healthcare law ordering companies to offer insurance that covers contraceptive drugs, including the so-called morning-after pill."

The Opening for a Fresh ObamaCare Challenge

David Rivkin & Lee Casey
The Wall Street Journal
Thu, 2012-12-06

"Thus, having transformed the individual mandate into a tax, the court may face renewed challenges to ObamaCare on uniformity grounds. The justices will then confront a tough choice. Having earlier reinterpreted the mandate as a tax, they would be hard-pressed to approve the geographic disparity created when states opt out of the Medicaid expansion. But that possibility is inherent in a scheme that imposes a nominally uniform tax liability accompanied by the practical equivalent of a fully off-setting tax credit available only to those living in certain states. To uphold such a taxing scheme would eliminate any meaningful uniformity requirement—a result that the Constitution does not permit."

ObamaCare's Many Contraception Lawsuits

Kathryn Smith, Politico
Wed, 2012-11-28

"Dozens of lawsuits have been filed in protest of the Obama administration’s policy that most employers include no-cost coverage of FDA-approved prescription contraceptives in health plans. Churches and some — not all — religious organizations are exempt. But more than three dozen for-profit and nonprofit organizations have gone to court, citing religious objections to the birth control coverage rule, which itself is part of the women’s health provisions in the controversial health law."

The Legal Hurdles ObamaCare Still Must Clear

Joanne Kenen, Politico
Tue, 2012-11-13

"The Supreme Court gave its definitive ruling upholding the Affordable Care Act in June. But that hasn’t stopped three other legal challenges to core provisions of Obamacare — including the mandates and subsidies — that could unravel big parts of the law if they succeed."

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