Congressional Research Service memo raises fresh constitutional questions about Obamacare

The Daily Caller reports:

A just-released memo from the Congressional Research Service (CRS) raises fresh constitutional concerns about a provision in President Obama’s health-care law that could impose tens of millions of dollars in fines on Congress, state and local governments.

As reported by The Daily Caller, Congress could be fined up to $50 million annually by its own health-care law if low-level aides apply for government subsidies to help pay their health-care costs.

The new memo from Congress’s research arm states that state and local governments would be on the hook for such fines as well – but argues those fines may be unconstitutional under Supreme Court precedents on federalism.

The issue is important because a slew of states are challenging the health-care law’s legality in court. If governments were found to be exempt in court, a ruling could establish one set of rules for the private sector and another more lenient set for the rapidly expanding public sector.