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Before SCOTUS nod, Kavanaugh, panel dismissed Morrisey suit challenging ACA


Charleston Gazette-Mail

CHARLESTON, W.Va. — After West Virginia Attorney General Patrick Morrisey mounted a legal challenge to the Affordable Care Act, a panel of judges that included current Supreme Court nominee Brett Kavanaugh dismissed the case.

Morrisey filed a lawsuit against the U.S. Department of Health and Human Services in July 2014 challenging the Obama administration’s decision to postpone federal enforcement of certain ACA provisions. Those included requiring insurance plans on the market to charge fair premiums, prohibit discrimination against people with pre-existing conditions, provide comprehensive care and other stipulations, according to the lawsuit.

Under the law, also known as Obamacare, states have the ability to enforce the law among providers in their own marketplaces first. If they choose not to do so, the federal government must step in. Morrisey alleged that, by postponing the federal enforcement, President Barack Obama improperly shifted to the states the “potential political burden for the cancellation of individual health plans.”

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