U.S. Supreme Court rejects West Virginia’s challenge to Obama administration’s decision not to enforce certain provisions of the Affordable Care Act (ACA)

On Monday, April 17, 2017, the U.S. Supreme Court declined to take up West Virginia’s challenge to the decision by the Obama administration not to enforce certain mandates of the ACA following the cancellation of millions of plans by insurance companies in 2013.  (West Virginia, Ex Rel. Morrisey v. Dept. of H & HS, 16-721, 4/17/17). 

West Virginia argued in lower Federal Courts that states should be allowed to decide whether to enforce the mandates during the transition period permitted by the federal government.  The lower federal courts held that West Virginia had not suffered any injury and dismissed the lawsuit.  With the Supreme Court’s denial of West Virginia’s writ of certiorari, the July 2016 ruling by a federal appeals court refusing to entertain the lawsuit now stands.