The Latest Attack Against ObamaCare

The Paralegal Resource
December 4, 2013 — 750 views  
Become a Bronze Member for monthly eNewsletter, articles, and white papers.

Looks like the problems that ObamaCare is facing are just not coming to an end. In fact, they are just increasing with every passing day. The Supreme Court is to give its verdict on the mandate of the health care law next year which talks about provision of free contraception coverage by businesses. However, this is not the only legal issue that it is facing.

Too Many Lawsuits

Republican state attorney generals as well as conservative groups all across the country are challenging the bureaucracy that it created, the way it has been worded, and the manner in which the law was passed.

The good news for both Obama and the ones who are getting any help from the insurance expansion of the law is that most of the lawsuits are going to take a long time to come to a conclusion. Many of them are still pending at various federal district courts, giving more time to the government for implementing the law which can make it difficult for judges to pass a verdict against it.

However, any favorable ruling by the appeals court can lead to a showdown by the Supreme Court which can be quite similar to the one that is being expected around March or April. This is when the justices will take into consideration the religious objections that have been made by business owners against the contraceptive coverage.

Obamacare - a Complicated Law

A law professor in Georgetown University, Randy Barnet, said that this act is complicated and any act which has so many complications is bound to make way for additional legal questions. Barnett is also a part of the main force responsible for the original legal challenge which the health care law is facing.

The law which was signed by Obama and passed by Congress in 2010 offers central subsides to businesses and individuals in state marketplaces as well as exchanges. It also threatens tax penalties. 35 states of the nation are presently being served by a federal exchange. While the supporters intended for a nationwide application of the subsidies, the law has just referred to them in state exchanges.

Josh Blackman, who is a professor at South Texas College of Law and also a conservative blogger, feels that there is no scope of making even a small, modest change in the law. The moment any section of the law is modified, it will be gutted. Josh has also written a book on ObamaCare challenges so he understands the law very deeply.

The Paralegal Resource