FOXNews.com: Fed judge allows case challenging ObamaCare penalties to continue

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Fed judge allows case challenging ObamaCare penalties to continue Oct 22nd 2013, 17:41 Published October 22, 2013 FoxNews.com A federal judge on Tuesday allowed a case to go forward challenging the constitutionality of imposing tax penalties under ObamaCare on those who fail to buy health insurance. Judge Paul Friedman denied a Justice Department request to have the case dismissed, in making the ruling in the U.S. District Court for the District of Columbia. The argument was presented by West Virginia small-business owner David Klemencic and is part of the larger case Halbig v. Sebelius. Separately, the judge denied a request by the plaintiffs to get a preliminary injunction to stop subsidies through the ObamaCare insurance exchanges in 34 states. Friedman said the plaintiffs had not proven "irreparable harm" by either taking the insurance with the subsidy or paying the penalty. He also told lawyers on both sides that he wants the case settled by Feb. 14, 2014, but has previously said he expects appeals and the case to reach higher courts.

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