HHS Wins One Obamacare Case and Loses Another
From the
Washington Post:
Friday, the U.S. Court of Appeals for the D.C. Circuit released two opinions in Patient Protection and Affordable Care Act (PPACA) cases. In one case, the federal government prevailed. In the other, it did not. Both opinions were unanimous and (in my opinion) likely correct. The two cases are also further confirmation that Obamacare litigation is far from over. To the contrary, for reasons I explained here, the PPACA created a perfect storm for ongoing litigation.
In the first case, West Virginia v. Department of Health and Human Services, a unanimous panel concluded that the state of West Virginia lacks Article III standing to challenge the Obama administration’s decision to waive some of the PPACA’s requirements governing minimum coverage requirements. This litigation responds to the Obama administration’s response to outrage over insurance plan cancellations — cancellations that were politically problematic because they revealed that the president’s promise that “if you like your health insurance plan, you can keep it” was a lie. (Indeed, it was Politifact’s “Lie of the Year” for 2013.) ...
