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Government/Politics

AG Plans To Appeal Federal Judge's Dismissal Of "Obamacare" Lawsuit

dewine_from_dec_2015.jpg
Karen Kasler
/
Attorney General Mike DeWine talks to reporters in December 2015.

The lawsuit filed by Ohio’s attorney general, a county and four state universities over a provision in the Affordable Care Act isn’t over.

It was almost a year ago when Mike DeWine filed the suit, teaming up with officials from Warren County along with Shawnee State, Bowling Green, Youngstown State Universities and the University of Akron. With DeWine, they argued a $6.25 million federal tax bill on their public employee health plans was unconstitutional. “We don’t find the authority in there for the federal government, for the Obama administration, to tax the state," DeWine said at the time.

Federal Judge Algenon Marbley disagreed, saying the Affordable Care Act is constitutional because it regulates state and local governments in their capacity as employers. The AG’s office says it will appeal.