The D.C. Circuit U.S. Court of Appeals heard arguments last week in a case in which small-business owners from six states are fighting to be exempt from penalties under the Affordable Care Act's individual and employer mandates, as their states opted out of setting up health care exchanges. "We are really optimistic, and a lot is hinging on this because even without ObamaCare, right now between 80 and 90% of new businesses fail. When you add additional new costs, taxes and penalties to new employers, that rate goes up even higher," said J. Allen Tharp, a plaintiff in the case and CEO of Olde England's Lion and Rose pubs in Texas.
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