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Oklahoma challenge to Obamacare is legally flawed, federal attorneys say

By WAYNE GREENE - Tulsa World Modified: December 4, 2012 at 9:22 am •  Published: December 4, 2012

While creative at points, Oklahoma Attorney General Scott Pruitt’s legal challenge to the Affordable Care Act — Obamacare — is speculative, conjectural and fails to meet the test of law, attorneys for the federal government say.

In a Monday filing, the federal attorneys ask U.S. Eastern District Judge Ronald White to dismiss Pruitt’s complaint against U.S. Health and Human Services Secretary Kathleen Sebelius, which would allow the federal health care law to go into effect as scheduled.

The state lacks any legal standing to make its key claim that the law’s tax penalties against employers who fail to provide adequate health insurance to their workers can’t be enforced in Oklahoma, federal attorneys argue in their filing at the Muskogee-based court.

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