US Can't Duck Suit Over ACA Subsidies For Opt-Out States

Law360, Washington (October 22, 2013, 1:30 PM ET) -- A Washington, D.C., federal judge said Tuesday that he won't dismiss a suit by small-business owners and individuals alleging that an Internal Revenue Service rule unlawfully expands Affordable Care Act insurance subsidies and penalties, but he declined to issue an order enjoining the rule. 

In an opinion issued from the bench, U.S. District Judge Paul L. Friedman said that at least one of the plaintiffs — West Virginia resident David Klemencic — adequately showed injury due to the IRS' rule, which proposes to expand IRS tax credits...
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