“More than three months after the Court’s decision, over three dozen legal challenges to the PPACA or its implementation are pending in federal courts, and more are sure to come.”
“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.”
“Physician-owned hospitals have raised constitutional challenges to PPACA provisions limiting their reimbursement under Medicare”
“the Goldwater Institute filed the first challenge to the Independent Payment Advisory Board (IPAB) on separation-of-powers grounds.”
“The Internal Revenue Service, for example, has promulgated a rule to authorize tax credits and subsidies for the purchase of health insurance in federally run exchanges…. The state of Oklahoma has already filed suit to challenge the illegal IRS rule, and additional suits are likely to follow.”
“The characterization of the mandate’s penalty as a tax has other legal implications that could also end up in court…. [S]hould Congress ever seek to increase the mandate’s tax penalty, more litigation would certainly follow.”
The Obamacare Cases Keep Coming
By Jonathan H. Adler
October 15, 2012
http://www.nationalreview.com/articles/330400/obamacare-cases-keep-coming-jonathan-h-adler