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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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