Attorney General Patrick Morrisey Files Motion to Ensure President Obama Faithfully Executes the Law
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Attorney General
* It violates the plain text of the ACA which mandates HHS shall enforce the federal market requirements if the states have not voluntarily done so.
* The rule was issued without the notice-and-comment procedure required by the Administrative Procedure Act.
* It unlawfully delegates federal executive authority to the states.
* The rule violates the 10th Amendment and the anti-commandeering doctrine, by shifting political accountability for deciding whether to enforce the federal market requirements from the federal government to the states.
The motion for summary judgment asks the court to rule on the lawsuit as quickly as possible since
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Government pays in some odd ways, files show
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