Tuesday, February 14, 2012

Fifty-Eight Arkansas Republican State Legislators Join Supreme Court Brief Challenging Obamacare

Little Rock, Ark. – Fifty-eight Republican state legislators signed onto an amicus brief to the United States Supreme Court filed by the Cato Institute on Monday challenging the constitutionality of President Barack Obama’s health care law, stating the law exceeds Congress’ power to regulate interstate commerce by forcing Americans to purchase health insurance.

“While Arkansas Democrats continue to defend and support the President’s job-killing health care law, state Republicans stand together in opposition of Obamacare,” said Republican Party of Arkansas Chairman Doyle Webb. “In addition to the constitutional question of forcing Arkansans to purchase insurance or face a fine, we have also seen how the health care law is directly attacking the freedom of religion guaranteed by the First Amendment. Do Arkansas Democrats support President Obama’s bullying of churches and trampling of the Constitution?”

Last month, the names of several Democratic legislators including, House Majority Leader Johnnie Roebuck, Joint Budget Committee Co-Chair Rep. Kathy Webb and former Congressional Candidate Sen. Joyce Elliot surfaced on a Supreme Court brief arguing that Obamacare is constitutional and they “are working hard in their States to implement the Act in a timely, efficient, and effective manner.”

“It’s clear President Barack Obama has allies in the Arkansas Legislature who are committed to seeing his health care law take root in our state,” said Webb. “In November, we look forward to electing new conservative Republican majorities in both the state House and Senate that will fight on behalf of hardworking Arkansas taxpayers.”

58 Republican State Legislators Join Supreme Court Brief Opposing Obamacare Mandate
“The individual mandate exceeds Congress’s power to regulate interstate commerce under existing doctrine. The outermost bounds of this Court’s Commerce Clause jurisprudence—the “substantial effects” doctrine—stop Congress from reaching intra-state non-economic activity regardless of its effect on the economy. Nor can Congress compel someone to engage in commerce, even if it purports to do so as part of a broader regulatory scheme.” (Source: Cato Institute, Dept of Health and Human Services, et al., v. States of Florida, Et Al.) See legislator list on page 48.

Cato Institute Files Obamacare Brief
“With the scheduled three days of oral argument six weeks away, Cato filed its fourth and final Supreme Court amicus brief in the Obamacare saga, this time on the most critical issue: the constitutionality of the individual mandate. Alongside Pacific Legal Foundation, Competitive Enterprise Institute, 14 other organizations, and a bipartisan group of 333 state legislators, we urge the Court to affirm the Eleventh Circuit’s ruling that the mandate exceeds Congress’s power to regulate interstate commerce.” (Ilya Shapiro, “Cato’s Final Obamacare Brief — on the Individual Mandate — Joined by 16 Other Groups and 333 State Legislators,” Cato Institute, 2/12/12)

Arkansas Democrats Argue Constitutionality of Obamacare in Supreme Court Brief
“Amici Curiae, a group of 518 State Legislators from all 50 States, the District of Columbia, and Puerto Rico, believe that the Patient Protection and Affordable Care Act (“the Act”) is constitutional and are working hard in their States to implement the Act in a timely, efficient, and effective manner. They have a substantial interest in having this matter resolved expeditiously and in favor of the constitutionality of the Act.” (Source: Supreme Court Brief – US Department of Health Human Services v Florida)

Obamacare Mandate Violates Religious Freedom, Shifts Health Care Costs to Insurance Companies
“Catholic bishops said Friday night that they would not support the Obama administration's proposed compromise on a controversial rule that requires most employers to fully cover contraception in their workers' health plans…Under the new policy, religious employers that don't want to offer contraception could exclude it from their policies. Insurance companies instead would be required to provide access to contraception for plan participants who wanted it, without explicitly charging either the religious employer or worker.” (Louise Radnofsky, “Catholic Bishops Oppose Compromise on Birth-Control Insurance,” Wall Street Journal, 2/11/12)

Tags: Arkansas, Republican, legislators, Amicus Brief, SCOTUS, Challenging Obamacare, mandatory purchases, contraception, religious freedom, moral conscious

No comments: