Indiana Takes Obamacare Back to Supreme Court

10/10/13. Indiana Takes Obamacare Back to Supreme Court.  Tim Brown, Freedomoutpost.

“It looks like Obamacare is going to be taken back to the Supreme Court, if a group of Indiana school districts get their way. Fifteen Indiana school districts and the State of Indiana filed a lawsuit that involves the Affordable Care Act, aka Obamacare. 

Fox 59, a local affiliate, reports:

The lawsuit revolves around the ACA’s mandate that employers provide health insurance to all employees who work more than 30 hours per week. According to the lawsuit, the Affordable Care Act will impose significant penalties on employers who fail to provide all of their full-time workers with affordable, minimum coverage. The state and schools said the penalties would result in “catastrophic financial consequences for Indiana public school corporations.”

To avoid those repercussions, school districts have reduced the hours for non-benefit eligible employees like bus drivers, instructional aides, cafeteria workers and substitute teachers. Schools said the long-term effects of these reduced hours will have a “long-term detrimental impact” on the education of Hoosier students.

The lawsuit challenges new IRS regulations involving the ACA. It also questions the authority of the federal government to impose the employer mandate on the State of Indiana and its public schools.

The following school districts are involved in the lawsuit:

  • Benton Community School Corporation
  • Community School Corporation of Eastern Hancock County
  • John Glenn School Corporation
  • Madison Consolidated Schools
  • Metropolitan School District of Martinsville
  • Monroe-Gregg School District
  • Mooresville Consolidated School Corporation
  • North Lawrence Community Schools
  • Northwestern Consolidated School District of Shelby County
  • Perry Central Community Schools
  • Shelbyville Central Schools
  • South Henry School Corporation
  • Southwest Parke Community School Corporation
  • Southwestern Jefferson County Consolidated School Corporation
  • Vincennes Community School Corporation

Indiana is the lead plaintiff in the suit and names the Internal Revenue Service, the United States Department of the Treasury and the United States Department of Health and Human Services as defendants.

Representing the school districts is Bose McKinney & Evans LLP. The state of Indiana will be represented by Attorney Greg Zoeller.

This is all centered on damages that are the result of the employer mandate. The schools are claiming that cutting hours and eliminating full-time positions, in order to avoid the tax that will be imposed upon them, will have a catastrophic financial impact.

The schools are also challenging the constitutionality of the feds imposing a mandate on the State of Indiana and the public school system.

Freedom Outpost’s John DeMayo has made this argument with regards to the individual. Click here to read his article, in case you missed it.

Back on August 19, I reported that the state of Oklahoma also filed suit  against the power grab that is Obamacare by the Obama administration and the IRS. The suit is similar and challenges the constitutionality of Obama’s signature health law.”

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