Pauls Valley, OK, Pauls Valley Democrat

State News

August 13, 2013

US judge denies motion to dismiss Oklahoma lawsuit

OKLAHOMA CITY — A federal judge Monday denied most of the federal government’s motion to dismiss Oklahoma’s legal challenge to implementation of the new federal health care law.

In a 27-page decision, U.S. District Judge Ronald White of Muskogee rejected assertions by government lawyers that the state of Oklahoma lacked legal standing to challenge implementation of the Affordable Care Act. The decision means that Attorney General Scott Pruitt, who filed a lawsuit challenging the law in 2011, can continue to present his case in court.

Oklahoma challenged implementation of the Affordable Care Act after the Internal Revenue Service finalized a rule allowing the federal government to punish “large employers,” including state governments, with millions of dollars in penalties in states without state health care exchanges, like Oklahoma. Pruitt maintains the health care law does not permit that.

“The court finds plaintiff has made sufficient plausible allegations supporting standing for the state of Oklahoma in its capacity as a large employer,” White ruled.

Pruitt said he was encouraged by the court’s ruling in the case.

“We’re optimistic the court will recognize what states have known for months that the IRS disregarded the law by making the large employer mandate effective in Oklahoma or in any of the 33 other states without a state health care exchange,” Pruitt said.

White granted the government’s motion to dismiss other parts of the lawsuit, including one that attacks the individual mandate portion of the health care law that requires all citizens to purchase private health insurance or pay a penalty.

The U.S. Supreme Court ruled last year that Congress lacks the power under the Constitution’s commerce clause to put the mandate in place, but it said the government does have the power to impose a tax on people without health insurance.

An after-hours telephone call to Joel McElvain, senior trial counsel for the U.S. Department of Justice’s civil division in Washington, D.C., was not immediately returned.

Text Only
State News
Business Marquee

e-Edition
  • How You Want It When You Want It Today's Pauls Valley Democrat

    Now you can view and download the Democrat right to your desktop on the day the paper is published. Click here to get more information on the Democrat's e-Edition.

     

    CLICK HERE TO ACCESS THE E-EDITION SITE

     

    ATTENTION CURRENT DEMOCRAT SUBSCRIBERS TO START an e-EDITION

    e-mail request to sjohnson@pvdemocrat.com

    April 20, 2011 1 Photo 1 Link

AP Video
SKorea Ferry Toll Hits 156, Search Gets Tougher Video Shows Possible Syrian Gas Attack Cubs Superfans Celebrate Wrigley's 100th Raw: Cattle Truck Overturns in Texas Admirers Flock to Dole During Kansas Homecoming Raw: Erupting Volcanoes in Guatemala and Peru Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call U.S. Paratroopers in Poland, Amid Ukraine Crisis US Reviews Clemency for Certain Inmates Raw: Violence Erupts in Rio Near Olympic Venue Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' S.C. Man Apologizes for Naked Walk in Wal-Mart Chief Mate: Crew Told to Escape After Passengers
Stocks
Facebook