New Wrinkle Emerging For Legal Challenge To Health Overhaul
The Wall Street Journal: Hurdle For Health Law Suit
The woman chosen to represent the legal challenge to the Obama administration's health care overhaul filed for bankruptcy in September after her business failed, a move that could pose problems for the high-profile lawsuit. … The suit, brought by 26 states and joined by the National Federation of Independent Business, a small-business lobby group, is set to be heard by the Supreme Court next year. It relies in part on the story of Mary Brown, an auto-repair-shop owner who argued in court filings she would have had to divert funds from her business to comply with the law's requirement that, beginning in 2014, most Americans obtain coverage or pay a penalty. … Without owning a business, it could be harder for Ms. Brown to argue she is harmed by the legislation. Meanwhile, her recent financial woes suggest the possibility she would be exempt from penalties for noncompliance with the individual mandate. That raises questions about whether the suit can be based on her experience (Maltby, O'Connell and Bravin, 12/5).