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It’s a pretty good sign that this whole ObamaCare deal is a mess when public schools, which usually champion liberal policies are asking for an out. In Indiana, 15 school districts have filed a lawsuit against Obamacare in order to stop the financial consequences they see coming in the near future.
The suit, filed against the Internal Revenue Service, US Department of the Treasury, and US Department of Health and Human Services, challenges IRS regulations and fights back against the supposed legality of the employer mandate. This mandate requires health insurance to be provided to all employees working more than 30 hours per week or pay a penalty. Indiana and the schools behind the lawsuit said that this would result in “catastrophic financial consequences for Indiana public school corporations.” Already, school districts have reduced hours for employees who are not eligible for benefits, such as bus drivers and cafeteria workers, but argue that the long-term effects of these cuts would have a “detrimental” impact on Indiana’s kids.
Indiana isn’t the only state facing cutbacks in schools due to Obamacare. It’s happening in states all across America as these extra expenses just cannot be absorbed by the school districts. Something has to give. Depending on the outcome of this case, more states might litigate, too.
This case isn’t just important because it’s a group fighting Obamacare, but because it’s a state fighting Obamacare, as Indiana itself is the main plaintiff. Indiana’s attorney general Greg Zoeller wrote “The answer (to the lawsuit) will set a precedent that goes to the fundamental relationship between states and the federal government...The IRS now seeks to impose tax authority over state government. If that occurs, it would significantly alter the relationship between the federal government and states in a negative way.”
Further, Zoeller wrote, he is simply looking to protect the state of Indiana from having to transfer large amounts of money from the state to federal government in the form of penalties. This, as he sees it, is an issue of sovereignty.
“As attorney general, my obligation is to defend our state’s authority and the decisions of our state’s policymakers. Usually this means defending the state when it is sued by plaintiffs. But from time to time the state must initiate its own lawsuits challenging federal actions that infringe upon our state’s authority. This is one of those rare occasions.”
We will be watching this one closely and hoping the 10th Amendment prevails.