OBAMACARE IN COURT - SAM KAZMAN
News in Halbig v. Burwell
On Friday, the plaintiffs (appellants) in a major Obamacare lawsuit, Halbig v. Burwell, filed their opening brief in the U.S. Court of Appeals in D.C. The court is rehearing the case en banc after a three-judge panel of the court invalidated the IRS Obamacare rule at issue on July 22. At the government’s request, the entire 13-judge court will reconsider that ruling. Oral arguments are scheduled for Dec. 17.
At issue is an IRS rule that, contrary to the language of the statute, attempts to extend health insurance subsidies and mandates in states that chose not to set up Obamacare exchanges.
"As ouropening brief makes clear, the IRS rule is an agenda-driven attempt to evade the restrictions built into Obamacare by Congress," said Sam Kazman, CEI General Counsel. "Even the Fourth Circuit, which ruled against us in the King case, acknowledged we had the stronger argument regarding the text of the law. Now the strength of our argument is underscored by two new developments, both of which are cited in today’s brief. One is the new ruling of the Oklahoma district court, the other the recently unearthed statement by Prof. Jonathan Gruber that flatly contradicts many of our opponents’ contentions."
> Read more about the lawsuit at cei.org/obamacare.
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