Plaintiffs in Obamacare Suit File Motion for Summary Judgment

Plaintiffs in Obamacare Suit File Motion for Summary Judgment

June 07, 2013

WASHINGTON, D.C., June 7, 2013 — Yesterday, the individuals and small business owners who are suing the federal government over a major IRS regulation imposed under the Affordable Care Act filed a motion for summary judgment in the case. The regulation extends Obamacare’s employer mandate to the “refusenik” states that have decided against setting up their own insurance exchanges. The Competitive Enterprise Institute is assisting in the coordination and funding of the lawsuit.

Sam Kazman, general counsel at CEI, explained, "As the summary judgment motion makes clear, the IRS rule is illegal, period. It is an unauthorized attempt by the agency to override the decisions of 34 states to stay out of the Obamacare insurance exchange program and to avoid the huge burdens of the employer mandate. But those state decisions are based on a congressionally enacted statute, not a bureaucratically contrived rule. That may be unfortunate for the IRS, but it’s very fortunate for the rest of us.”

>> Read the motion here.