Other Obamacare Lawsuits Poised to Follow Hobby Lobby

Dan Diamond: “Nearly two years after the Supreme Court’s ruling on the Affordable Care Act captivated the nation, another major ACA decision—Burwell v. Hobby Lobby—is expected any day.”

“But unlike Hobby Lobby, several still-looming cases are fundamental challenges—and have the potential to deal major changes to the ACA.”

NFIB v. Sebelius can be perceived as a major victory for opponents of the ACA—a success that only birthed more lawsuits. While the plaintiffs didn’t achieve their primary goal—getting the Supreme Court to strike down the ACA’s individual mandate—the ruling did make the Medicaid expansion optional for states, changing the course of health coverage in nearly half the nation.”

“How seriously should we take these other lawsuits? Law experts are cautious—but split.”

Washington & Lee law professor Tim Jost: “I don’t think any of these cases are ultimately going anywhere.”

University of Kentucky law professor Nicole Huberfeld: “I remain skeptical about these other challenges … [But] the Roberts Court has shown willingness to hear novel constitutional theories, so settled doctrine no longer provides an easy answer.”

“Meanwhile, the other lawsuits are seen as longer shots to ultimately reach the Supreme Court. At least one case—the challenge over Independent Payment Advisory Board—is viewed as a potential winner, if it ever proceeds.”

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