It’s constitutional – deal with it
Six states filed a new lawsuit Wednesday against the Obama administration over the Affordable Care Act.
The complaint that Texas, Wisconsin, Kansas, Louisiana, Indiana and Nebraska filed in the Northern District of Texas takes issue with the Health Insurance Providers Fee assessed to health insurers to cover federal subsidies.
The lawsuit says nothing in the Affordable Care Act’s language provided clear notice that states would also have to pay the fee.
“This notice was not even provided by rule but was ultimately provided by a private entity wielding legislative authority,” the suit says.
The suit seeks an injunction against the federal rules that say states are responsible for the fee. It also asks that states be refunded for what they’ve already paid.
The story says that the total cost of these subsidies is “$13 billion and $15 billion from states over the next decade”, so we’re not talking budget-busting numbers. It’s more the principle of it, or at least I assume so given the characters in this drama. Maybe by the time this one reaches the Supreme Court, the Senate will have finally gotten around to confirming a ninth Justice. Maybe. Trail Blazers has more.