Posted on 10/08/2013 11:32:14 AM PDT by BCW
INDIANAPOLIS– Fifteen Indiana public school districts – and the state Attorney General – on Tuesday sued the federal government over mandates and penalties from the Affordable Care Act.
The suit challenges a new IRS regulation that imposes the costly "employer mandate" requirements of the Affordable Care Act onto state and local governments.
The plaintiffs are ultimately seeking a judgment in their favor, and an immediate injunction that would prevent the IRS from financially penalizing the state and its political subdivisions.
The suit contends the Affordable Care Act or ACA as passed by Congress does not allow financial penalties in states that did not create their own health insurance exchanges; and that the financial penalties – which are based on the total number of employees – cannot be applied to government employers.
"This case is about the fundamental relationship between the State and federal government. We respect the United States Supreme Court's ruling last year upholding the individual mandate to buy health insurance; but it did not address the recent IRS regulations extending the reach of the ACA's employer mandate," Indiana Attorney General Greg Zoeller said. "We contend the ACA improperly regulates sovereign states and does not authorize the IRS to do what it is doing in treating the State as a taxable entity."
The suit was filed in U.S. District Court for the Southern District of Indiana.
No northeast Indiana school district is involved. Those that joined the state as co-plaintiffs are:
•Metropolitan School District of Martinsville, Martinsville
•Perry Central CommunitySchools, Leopold
• Benton Community School Corporation, Fowler
• Community School Corporation of Eastern Hancock County, Charlottesville,
• John Glenn School Corporation, Walkerton
•Monroe-Gregg School District, Monrovia
• Mooresville Consolidated School Corporation, Mooresville
•North Lawrence Community Schools, Bedford
• Northwestern Consolidated School District of Shelby County, Fairland
•Shelbyville Central Schools, Shelbyville
• Southwest Parke Community School Corporation, Montezuma
• Vincennes Community School Corporation, Vincennes
• Madison Consolidated Schools, Madison
• South Henry School Corporation, Straughn
• Southwestern Jefferson County Consolidated School Corporation, Hanover
Wonder if there’s a master list of all the entities suing against OCare, and their reasons. This thing has drawn lawsuits like flies on a carcass.
If they prevail, only these districts will likely be affected, not the entire federal district.
It’s a “full employment” bill for attorneys.
I’m sure a good many of the 15,000 added IRS people for Obamacare are accounts and lawyers.
Another “we’re the government, so we’re exempt” argument. I love how they affirm the “individual mandate” while pleading for their own exemption.
illegal invaders and their cost to Indiana tax payers.
http://www.courierpress.com/news/2012/jul/06/no-headline-—ev_immigrants/
But a older type 2 diabetic who lost his good paying job to the Obama Depression and is now working a PT job, no health in, it is a job for a 20 year old emptying out condemned houses, a JOB NO AMERICAN WILL WORK can’t get Medicaid so he can go to a Endocrinologist for his diabetes. He worked 12 hrs in the past 2 weeks.
His wife just had a Mascetomy and starts Chemo 10/30. She at least is in Breast and Cervical cancer medicaid as she will not be working for a year, temp SS disability has already turned her down. She is a CNA at a nursing home. One of the patients kicked her in the breast and that was when they found the walnut size tumor, it is stage 3. The 12 year old was nearly kicked out of school for lack of 2 vaccines. He is now on children’s medicaid.
NO one wants to hire a 43 year old diabetic. Has management, regional management and regional supervisor 20 experience, even Jiffy Lube turned him down.
State Rep Ron Bacon (R) is trying to get the the help they need, but keep running into federal regs
“It’s a “full employment” bill for attorneys.”
This reminds me of the picture on the wall of my attorney. It was a picture of a cow with a farmer pulling on the tail and a farmer pulling on the head and a lawyer underneath milking it. It was called the Lawsuit.
The American people must wake up and stop electing lawyers to public office as the only tool in their tool box is a law and they deliberately make them so convoluted and filled with obtuse language so as to keep the legal profession full to the brim with potential lawsuits.
Given its complexity and poor structure, “Ignorance of the ACA” must be a viable legal defense. Even the USSC could not agree unanimously on this piece of legal garbage.
I remember when Roberts ruled it to be constitutional; and I commented to my hubby that I hoped he (Roberts) liked the subject of Obamacare, because he and the rest of the Court were going to be ruling on litigation stemming from it for years and years to come.
How did Indiana “affirm the individual mandate”?
From the article.
“We respect the United States Supreme Court’s ruling last year upholding the individual mandate to buy health insurance;”
Sure, legally nothing has been done; they’re just arguing the government and its agents should be exempt, but not the little people.
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