Indiana Takes Obamacare Back to Supreme Court


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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:

unaffordable care actThe 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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Comments

comments

  • John Patriot

    Up goes the school taxes again; that effects everyone.

  • BostonTea101st

    This title is incredibly misleading. They are still at best years before going to the Supreme Court and that's only if cert. is granted. Indiana filed a lawsuit, they didn't do anything at all involving the Supreme Court yet.

  • D'Bak61

    While they're in front of the Supremes, could someone ask them if it's legal and Constitutional all the changes made by BoY Barry, after the fact of being passed, let alone upheld? It might save some time for the suits still pending; along with the Originality clause conundrum that says 'tax' laws must originate from the House.

  • linnicy

    alleluia! Thank You Indiana. America will be watching...

  • David in Dallas

    I applaud the concept, but don't think it will get any traction.

  • Death2Unions

    America, it is time. The facts are in. It is our duty to take our country back. We have a dedicated, committed, Hugo Chavez like Marxist regime in the White House. We have a Puppet along with his Puppet Master Valerie Jarrett who are eager to shove the boot of Marxism down on our freedoms, liberties, Constitution, and Bill of Rights. Those who deny this reality are willing to see their blood flowing in the streets. We are witnessing the complete destruction of our way of life. Whether Republican, Democrat, or Independent, those who are awake to reality, MUST come together to extract the dictator occupying the White House. It is time to overthrow this Marxist punk and get America back on course. The trucker strike this weekend in DC is the first salvo. Every freedom loving American seeing illegal aliens being allowed to gather and protest on our dime while veterans have been told "F U" by the Marxist in Chief need to be up in arms. The President feels our soilders killed in action aren't worth the money to help pay their families pay their funeral expenses is a CRIME. We must extract the Marxist in Chief from the Whie House. The time is now. If we hesitate, we will die as a free nation. Send the marxist Kenyan on a one way trip back to his county of origin. The time has come.

    • OBAMAHATER4SURE

      Death to unions I agree 100%, it is time, lock and load and take this country back.
      Send all the lib's home in a body bag.

    • BushMaster63

      Why would we ever allow that retard out of this country alive? Arrest, Try, Convict, and Execute in public on the capitol or whitehouse lawn...then start with the rest

  • guest

    There are 2 treasonous frauds on the supreme court that must be removed before justice is served. Make that 3

  • Que Dub

    Just pray , the judge will be conservative & NOT liberrat !!!

  • Jimmy Wayne Barnett

    This health care bill is totally :UNCONSTITUTIONAL " BECAUSE IT HAS BEEN DETERMINED AS A TAX! and any new tax bills must originate in the "HOUSE OF REPRESENTATIVES NOT THE SENATE WHERE THIS OBAMA CARE CAME FROM!
    Even a 5 year old should be able to understand what this means that It was concocted by Obama's kick backs,bribes and threats.Those involved are the ones who shouldn't have been closed doors like insurance companies and other Obama henchmen and deciding what they were going to do.
    They lied about this health care deal from the very first time we heard of Obama care,He promised before he would sign anything bill read it! lie!Obama promising to post the bill on CNN so everyone could read it ,but they pasted it without even them reading it,with Nancy Pelosi saying "We'll have to pass it to see what's in it"?.
    From Obama promising that if you liked your doctor you could keep him?LIE!.from saying it would lower health care for every body by $2500.00 dollars when it went up that and even higher,and we still don't know the the real cost,where did that 67 million dollars disappear to that was suppose to be to start up Obama care!NO ONE KNOWS!
    and the lies just keep on coming,with no end in sight of the lies that Obama care is loaded with.We must stand against this law that Obama has forced this "UNCONSTITUTIONAL LAW" upon us and allowing Congress and others waivers to opt out of Obama care without any fines or taxes!

    • flagmantexasmarine

      Your are correct

    • DandBA

      Obamacare IS NOT A HEALTHCARE LAW! It is the lock being placed on the door of America. This law is made up almost entirely of hidden taxes, fees, fines, all sorts of punishment for not complying with all it tenets. Obamacare is a means of the Federal government giving itself control of every aspect of every American citizen's life. Lenin stated that acquiring control of a nation's healthcare system would enable that nation's people to be controlled. We will be completely controlled by Obamacare if it is allowed to stand! Nancy Pelosi said they had to pass it BEFORE they read it. Now we know why. She knew that if many of the members of Congress read it, it would not pass because of all the other lies, deception, etc contained in it. There is even one section that would allow Obamacare to be involved in the sale of a senior citizen's home, like sizing down. The Feds would heavily tax those funds. That isn't healthcare.

    • OBAMAHATER4SURE

      It's all about what Nig-Boy told Joe the plumber, it's redistribution of the wealth, only it happens to be the wealth of the common ordinary working folks who made this country what it was back in the 50's 60's & 70's not what it is today a country of the gimme's with their hands out for anything that is free from the government.

    • Larry Fries

      Race statements are no no my man HE IS A COMMUNIST

    • Ron Alford

      And a Muslim Communist.

    • cherokee_warrior

      Heck, that Nig word does not apply since he is, by definition, a mulatto, half Negro and half Caucasian . He wants people to think of him as 'black' and that he is an African-American. I'll agree with the African, but based on what the experts say about the birth certificate, would say that Africa owns him, lock, stock and birthplace. So why is this 'make believe' still here? Why is the Congress afraid of him? What hold does he have over all of them, regardless of party? Anyone have some answers for us that have problems with understanding the 'why'?

    • John OMalia

      It did originate in the House!

    • paulrph1

      Please explain! Why did Reid push it through the BACK DOOR with closed door policies?

    • John OMalia

      Reid stripped the House bill for veterans of all its content and renamed it the ACA. A dubious move at best. As to why he hid his intent right up to Christmas, you'd have to ask him. But the bill did originate in the House, what came out of the Senate was something else, but Dirty Harry wins on a sneaky technicality.

    • paulrph1

      You are so right! But when it was passed, Roberts had to have some excuse to pass it and could not find it in the bill itself so he came with the excuse that it is a tax. Now no one in their right mind finds this to be a logical explanation. The problem is with this decisions Roberts made on this bill, he just put the final nail in the coffin. He also did not make a judgement but rather made up a law to make it fit.

  • Gary Hall

    Glad to see States taking this back to the courts! This needs to be shut down and done away with. Since when does the American people need to have someone tell us what we need?

    • romill

      Noone can tell me that the dirty Democratic party version the KGB didn't have something on Justice Roberts. It should have ended there.

    • David in Dallas

      It has been reliably reported that Justice Roberts and his wife had adopted a foreign child (Russian?) against the laws of that country. Roberts has been worried about this becoming an issue for a long time.

    • paulrph1

      You see the government cannot even agree with the government. But when did the
      Fed ever become the friend of any state government? They are enemies, tried and true.

  • David Risselada

    Proud to live in the state of Oklahoma and I wish Indiana the best of luck.

    • Bruce Stroh

      I live in Indiana, just north of Indianapolis -- back at you and Oklahoma, jkdriss!

      HOOrah!

    • David Risselada

      Semper Fi!

    • mudguy

      You can't be proud of Tom Coburn can you?

    • David Risselada

      Not lately , though I will say he has been a proven conservative in the past but for some reason he has shifted way over.

    • Beepster

      Hmmm, what did NSA discover on him that they can blackmail him??

    • Larry Fries

      obma never won one county there they hate him if you are a democrat in utah u have to hide in gramps out house