The Mercatus Center pundits included the exclusion in a review of federal "tax expenditures."

A federal court decision voids the fee as an unlawful tax imposed without congressional authorization, resetting compliance expectations for employers and setting up a likely appeal.

Among people who get insurance through an employer, 4 in 10 cited affordability challenges, while 54% of those who purchase insurance on their own.

The House Appropriations Committee has approved a bill that could take $1.9 billion in funding away but leave funding for the Labor Department's benefits agency intact.