A federal judge’s decision to allow a case to go forward that challenges the constitutionality of ObamaCare’s tax penalties could signal trouble for the President’s signature law, Jay Sekulow, chief legal counsel of the American Center for Law and Justice and the attorney at the center of the case, told Megyn Kelly Tuesday.
“What’s at stake is the IRS taking on a broader scope of what it’s allowed to regulate or impose,” Sekulow said on “The Kelly File.”
The lawsuit, which was presented by West Virginia small-business owner David Klemencic and is part of the larger case Halbig v. Sebelius, focuses on the constitutionality of the federal government’s ability to impose penalties on employers and individuals for not owning health insurance, penalties enforced by the Internal Revenue Service.
“So the IRS increased its jurisdiction by saying even in the federal controlled exchanges, which is most of them...the IRS can insert these penalties against employers and individuals,” explained Sekulow.
Sekulow also said that the case could soon be heading to the Supreme Court, along with a host of other lawsuits aimed at the president’s health care law.