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Medical Device Tax: Repeal hopes fade with SCOTUS ruling on ACA

Thu, 06/28/2012 - 5:10pm
Mass Device

Medical device companies' hopes of repealing the med-tech tax are slim now that the U.S. Supreme Court has ruled the Affordable Care Act constitutional, according to 1 of the lawyers cited by Justice Ruth Ginsburg.

The medical device industry's bid to repeal the medical device tax took what might prove to be a mortal blow today when the U.S. Supreme Court ruled the Affordable Care Act constitutional, according to a Boston University law professor who's amicus brief was cited in the court's opinion.

"Today was not a great day for people who were hoping to repeal the device tax," Prof. Kevin Outterson told MassDevice.com. Justice Ruth Ginsburg cited a brief prepared by Outterson, his colleagues and students supporting the government's position that the law is constitutional.

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