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Legislator says state trying to deny health care insurance to Hoosiers

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Democratic State Rep. Ed DeLaney has called for the state’s lawsuit against the Affordable Care Act to be thrown out of court “as quickly as humanly possible.”

The state and 15 school corporations filed a lawsuit Tuesday against the Internal Revenue Service, challenging the employer mandate requirements of health care reform. Indiana Attorney General Greg Zoeller said the U.S. Supreme Court’s decision upholding the individual mandate to buy health insurance did not address the IRS regulations regarding the employer mandate.

“We contend the ACA improperly regulates sovereign states and does not authorize the IRS to do what it is doing in treating the state as a taxable entity,” Zoeller said. “We are raising this respectful challenge for the federal courts to decide these questions.”

DeLaney, an Indianapolis attorney, charged the state is trying to gut the Affordable Care Act provisions that benefit Indiana residents.

“This lawsuit confirms the desire of our state’s Republican leadership to deny affordable health care coverage to hundreds of thousands of Hoosiers and takes that to dangerous new levels,” he said.

DeLaney held a press conference Wednesday and issued a statement regarding the lawsuit.

The Indianapolis Democrat reiterated the argument his caucus made during the recent session of Indiana General Assembly about the state’s decision to not expand Medicaid. He said nearly 400,000 additional Hoosiers who live below the poverty level will not be able to get coverage under Medicaid even though Indiana taxpayers’ dollars are funding the expansion.

Now, DeLaney continued, Indiana residents are being told that the state’s decision not to operate its own health insurance exchange means that another 400,000 Hoosiers who make between $15,000 and $80,000 a year in the private sector should not receive any subsidies from the federal government to pay for their health care coverage.

“This lawsuit deserves to be tossed out of court as quickly as humanly possible,” DeLaney said. “Someday, there will need to be an accounting for the willful neglect demonstrated by the leaders of this state’s government toward the basic human need for health care.”
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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