Earlier this week, Jonathan Adler wrote in the National Review Online that challenges to the individual mandate were just beginning.
And today, Oklahoma’s September challenge to the ACA is making headlines. As I have described before, one of the new theories by which Jonathan Adler and the Cato Institute are seeking to thwart the ACA is by challenging the IRS rule that permits tax subsidies in exchanges created by the federal government, which Cato claims is not supported by the text of the ACA. (State exchanges are supposedly the only avenue for obtaining tax subsidies for private insurance purchases.) Oklahoma has brought this challenge to life in federal district court, and Cato’s interest in this and other challenges was apparently reiterated by Professor Adler during a Cato-organized panel on Wednesday.
Also earlier this week, MedPage tallied the number of contraception coverage-related complaints at 35. One such challenge was rejected earlier this month by the Eastern District of Missouri, but that does not seem to have thwarted the pile-on, which is evidenced by a new complaint filed in the District Court for the District of Columbia.
[Cross-posted from HealthLawProf Blog]
