Is it possible to sue the government?

UPDATED: Sep 30, 2022

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Is it possible to sue the government?

If someone has been constantly trying to obtain health insurance through the
marketplace exchange and with no success and then attempts to call them while
being promised coverage, can you sue?

Asked on July 22, 2016 under Insurance Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the government when the government affirmatively does something to deprive you of a right--witness civil rights violations lawsuit involving police misconduct. But the government never guaranteed that everyone could get insurance through the exchange(s)--this is not a single-payer system with guaranteeed health coverage. There are reasons why you may not be able to get or qualify for coverage through exchanges which have nothing to do with wrongful government action. Your question does not indicate an affirmative basis upon which to sue, since it does not state a clear governmental violation of a right.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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