Will a Sooner State suit strike down the law’s key provision?
National Review Online, By Jillian Kay Melchior, 12/05/12 –
The first legal challenges to Obamacare rested on constitutional principles, but a new effort out of Oklahoma goes after the cogs that make the law function. State attorney general Scott Pruitt is trying to block the Internal Revenue Service from imposing fees on employers and individuals who don’t comply with the law’s mandates. In doing so, he may create a way for other states to fight back against the federal government’s top-down management of health care. If the suit succeeds, the law will not be invalidated, but if enough states choose to opt out, the resulting lack of funds could make Obamacare’s financial structure untenable.“This is a very important case,” Pruitt tells National Review Online. “This is a challenge to the implementation of the Affordable Care Act (ACA), and it matters.”