West Virginia: Injury, Merits Require Separate Analysis In ACA Challenge

Mealey's (January 20, 2016, 5:02 PM EST) -- WASHINGTON, D.C. — A federal judge conflated merits with standing concerns in dismissing a challenge to the Patient Protection and Affordable Care Act (ACA)’s administrative fix, West Virginia told the District of Columbia U.S. Circuit Court of Appeals on Jan. 15 (State of West Virginia v. United States Department of Health and Human Services, No. 15-5309, D.C. Cir.).

(Opening brief available. Document #93-160127-034B.)

As part of the ACA, all nongrandfathered individual health insurance plans must meet eight federally mandated requirements.

If a state declines to enforce...
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