How getting money from the government can be injurious

In order to bring suit against someone in court, the plaintiff has to show that they have ‘standing’, which means that they have suffered a fairly direct injury of some sort that the court can redress. In response to my post on the cases bought against Obamacare because of its use of federal subsidies in the form of tax credits to make health insurance affordable to low income people, reader Mark Dowd posed the good question of how the people who were suing could have standing to do so. How can getting money from the government to purchase health insurance be considered to cause an injury?
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Another legal challenge to Obamacare

One of the key features of the highly complicated Affordable Care Act is the subsidy that is given to lower income people to enable them to afford to purchase health insurance. These subsidies are provided through both the state exchanges for those states that set them up and through the federal exchanges in those states that decided that they wanted to have no part of the ACA or decided to let the federal government set them up. So far, 16 states have set up their own exchanges and 34 exchanges are run by the Department of Health and Human Services. The subsidies come in the form of tax credits provided by the IRS.
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Hobby Lobby and Conestoga Wood Specialties case arguments

Lyle Denniston has a summary of the oral arguments in today’s contraceptive case and you can also read the transcript here. Denniston seems to have the sense (shared by several other reports I read) that the day did not go well for the government’s case, despite the spirited question by the three women justices of the lawyers for the companies. It will be quite telling if a 6-3 verdict splits along gender lines.
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