Pruitt Survives Motion to Dismiss

08/12/13

By Hadley Heath

Judge Ronald White, in the Eastern District of Oklahoma, has ruled on a Motion to Dismiss in Pruitt v. Sebelius. 

The complaint included five counts. Judge White has dismissed Counts I and IV, and has allowed Counts II, III and V to proceed. Here's what is alleged in each count:

  • Count I: The minimum coverage provision exceeds the power of Congress to regulate interstate commerce.
  • Count II: The term “Exchange” as used in the IRS Rule excludes any agency or entity other than one established by the State and the term “Federally-facilitated Exchange” is excluded from the term “Exchange” as used in the IRS Rule. 
  • Count III: The IRS Rule is arbitrary and capricious under the Administrative Procedure Act. 
  • Count IV: The IRS Rule is unconstitutional as applied to employees of the State of Oklahoma.
  • Count V: Interpreting "Federally-facilitated Exchanges" as "Exchanges" as used in the IRS Rule is a violation of the Tenth Amendment because it commandeers state governmental authority.

You can read the order here.

 

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