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If a group of Indiana school districts have their way Obamacare will be heading  back to the Supreme Court. According to a local Indiana Fox station, in total, 15 school districts have filed a joint lawsuit against President Obama’s Affordable Care Act.

The suit takes aim at multiple defendants including the IRS, the Department of the Treasury and the USDHHS. The state of Indiana is the lead plaintiff.

Bose McKinney & Evans LLP is representing schools in the lawsuit. Indiana Attorney Greg Zoeller will represent the state.

School corporations involved in the lawsuit include:

  • 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 actually joins Oklahoma with regard to states currently filing lawsuits against the legislation. The defendants cite that the ACA employer mandate imposes significant penalties on employers who fail to provide all of their full-time workers with minimum coverage. The suit claims that the penalties would result in catastrophic financial consequences.

To avoid these penalties the school districts have cuts hours eliminating full-time positions. The lawsuit challenges new IRS regulations (similar to Oklahoma’s lawsuit). In addition, the Indiana lawsuit questions the constitutionality of the federal government imposing a federal mandate on the state of Indiana and public schools.

If successful in moving through appeals in lesser courts the two cases will make their way to the Supreme Court. Oklahoma has already made a major jump through the process.

 

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