Plaintiffs press health act fight

The Competitive Enterprise Institute (CEI), which is coordinating the lawsuit, is following the lead of Oklahoma, which sued last year after the Internal Revenue Service issued a rule in May 2012 that would make federally run exchanges eligible for the subsidies.

The Obama administration, through the Treasury Department, says it is implementing the law appropriately while states work to reach benchmarks. In the Oklahoma case, it has argued the state does not have standing or jurisdiction to bring its lawsuit.

Plaintiffs in the CEI complaint are individuals and small businesses in states that have opted not to set up exchanges on their own.