Kentucky tea party activists have asked a judge to resolve a lawsuit over the legality of the state’s health benefit exchange by granting a summary judgment. Attorney Michael Dean filed a motion today (Thursday) asking Franklin County Circuit Judge Phillip Shepard to rule in favor of the activists. They also want a permanent injunction shutting down the exchange, which is a product of the Affordable Care Act intended to help the uninsured find health coverage. Attorneys for the state asked last month that the suit be dismissed, but Shepard refused. The Kentucky Health Benefit Exchange is set to begin open enrollment October 1st with operation starting January 1st, 2014.