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Obamacare lawsuits: Judge rewrites HIE ballot measure in Missouri, Wheaton case dismissed

August 29, 2012 10:30 am by | 0 Comments

A judge has reworded a ballot measure that would require that state's governor to seek legislative or voter approval before establishing a health insurance exchange over charges that the secretary of state's ballot language was misleading.

The Associated Press: Judge Revises Wording For Mo. Health Care Measure
A Missouri judge ruled Tuesday that Democratic Secretary of State Robin Carnahan had provided an unfair and insufficient summary of a health care ballot measure to appear before voters this fall and instead ordered election authorities to use an alternative description backed by Republicans. The ruling marked a victory for Lt. Gov. Peter Kinder and fellow Republicans in the Legislature, who referred the measure to the November ballot but then sued to contest the summary drafted by Carnahan's office (Blank, 8/28).

Kansas City Star: Judge Orders Switch In Wording Of Health Care Ballot Measure
A Cole County judge threw out the Democratic secretary of state's summary of a health care ballot measure Tuesday, replacing it with one backed by Republicans. Lt. Gov. Peter Kinder and a handful of legislative leaders filed a lawsuit last month accusing the secretary of state's office of writing a ballot summary that was "blatantly false, deceptive and intended to mislead the people." After hearing arguments from both sides, Cole County Circuit Judge Daniel Green agreed with Republicans (Hancock, 8/29).

Politico Pro: Judge Orders Rewording Of Ballot Question
A Missouri judge scrapped the language of a ballot question on health insurance exchanges Tuesday, giving a boost to Republicans in the state who argued that it was written in a biased way by Secretary of State Robin Carnahan. ... The suit stemmed from a ballot initiative offered by Republicans to deny the state's Democratic governor, Jay Nixon, the power to establish a state-based health insurance exchange unilaterally. Instead, he'd be forced to secure a vote of the Legislature or Missouri voters (Cheney, 8/28).

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Calling it "premature," another judge has dismissed a lawsuit brought by Wheaton College over the health law's mandate that it cover contraception in the health plans it offers --

The Associated Press/Chicago Sun-Times: Judge Dismisses Lawsuit By Wheaton College
A federal judge has dismissed a lawsuit filed by Wheaton College against the Obama administration for requiring religious institutions to offer health insurance to employees that covers the cost of contraception. U.S. District Judge Ellen Segal Huvelle ruled Monday the lawsuit was premature because the government would not enforce the mandate against Wheaton until August 2013. She also noted the administration's promise to revise the mandate to accommodate some religious institutions before it goes into effect (8/28).

In campaign news related to the health law, an Indiana candidate for governor outlined his support for a "hybrid" health insurance exchange --

Fort Wayne Journal-Gazette (Indiana): Gregg Supports Hybrid Health Care Option
Democrat gubernatorial candidate John Gregg said Monday he favors a hybrid health care exchange model. Running mate Vi Simpson noted that Republican opponent Mike Pence failed to make a decision on the matter, instead "throwing Hoosiers under the federal bureaucratic bus." The comments from the Democratic ticket came following a meeting with Gov. Mitch Daniels, who had sought input from all governor hopefuls. Health care exchanges are new entities being set up under the federal health care act to create an organized and competitive market for buying health insurance. They will offer a choice of health plans and largely serve individuals or small businesses buying insurance (Kelly, 8/28).

And a new poll finds the health law splits West Virginians, but unites them under some parts of the health law --

Charleston Daily Mail: Poll Finds West Virginians Favor Some Parts of Health Care Law
While many West Virginians disagree with the U.S. Supreme Court's decision to uphold President Barack Obama's health care plan, voters overwhelmingly favor key parts of the law, according to new results from the West Virginia Poll. The poll found that 46 percent of West Virginians disagree with the Supreme Court's June decision and 36 percent think it made the right call. The remaining 18 percent were undecided (Hunt, 8/29).

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