Last week, several small business owners and individuals filed suit challenging the legality of an IRS rule purporting to authorize tax credits for the purchase of qualifying health insurance policies in federal exchanges. The complaint is here. The suit is being coordinated by the Competitive Enterprise Institute and the plaintiffs are represented by Michael Carvin of Jones Day. Here’s coverage of the suit from BLT and the WSJ.
This suit presses the argument I have made with Michael Cannon in this recently published article in Health Matrix. It raises similar claims to another suit pending in federal district court in Oklahoma. For more on the issue, see these posts.