UPDATE—ObamaCare in the Courts: King vs. Sebelius

This week, the media and public have been sharply focused on congressional hearings on the calamitous ObamaCare rollout and glitch-ridden health exchange websites. But there may be a far more important ObamaCare venue this week: Richmond, Va. On Oct. 31, a federal judge will hear oral arguments in King vs. Sebelius, a case in which...

This week, the media and public have been sharply focused on congressional hearings on the calamitous ObamaCare rollout and glitch-ridden health exchange websites. But there may be a far more important ObamaCare venue this week: Richmond, Va.

On Oct. 31, a federal judge will hear oral arguments in King vs. Sebelius, a case in which four individual taxpayers in Virginia are challenging the ObamaCare and asking the judge for a preliminary injunction.

The central issue of this case is a challenge to whether the Internal Revenue Service can provide tax credits on those exchanges that are run by the federal government. This includes Illinois’ exchange. A preliminary injunction would shut down all subsidies and would stop the IRS from imposing penalties on employers for not providing and individuals for not obtaining health insurance coverage.

Numerous legal challenges are making their way through the federal court system.

Last week, federal Judge Paul Friedman of the U.S. District Court for the District of Columbia ruled that a legal challenge to ObamaCare in Halbig v. Sebelius could move forward. The judge did not grant a preliminary injunction, which would have halted subsidies to the exchanges. He has promised an expedited ruling by mid-February.

Similar cases in Oklahoma and Indiana are also making their way through the court system. Indeed, the ultimate fate of the ObamaCare might ultimately be determined away from the ballot box and outside of the Washington beltway.

UPDATE: The judge did not grant a preliminary injunction that would have stopped ObamaCare subsidies from being doled out in states with federal exchanges (including Illinois). He is, however, allowing the case to move forward. With briefs due by Dec. 6, it is possible that there will be a ruling on this case before the end of this calendar year.