In light of Washington ’s so-called health care reform bill, many of us are asking, “What can we do now?”
Stay energized! We lost one battle, but the fight continues, specifically on two fronts: This fall, Arizonans will have the opportunity to vote on the Health Care Freedom Act, which will help fortify legal arguments against the individual mandate. This protection – an idea conceived of by two Arizona doctors – is now law in two states and is pending in 35 others. The Goldwater Institute will continue providing legal advice and guidance to Americans across the country interested in pursuing this protection. Click here to read our Q&A about the protections in the Health Care Freedom Act: http://goldwaterinstitute.org/article/4371.
Second, at least three lawsuits, including two actions by 11 state Attorneys General, are being filed, and we are monitoring their actions closely to see if there is an opportunity to add value with a lawsuit of our own: http://blogs.wsj.com/health/2010/03/23/after-white-house-and-congress-finish-health-bill-headed-for-courts/. At the moment, the states have the greatest standing to make arguments, so we are working with Arizona state legislators on possible options. To be sure, any legal challenge is an uphill battle. However, we have a more receptive Supreme Court than ever before, and the bill is susceptible to numerous challenges – Commerce Clause, delegation, 11th Amendment, 10th Amendment, and the right to medical autonomy, to name a few.
Thank you for supporting the fight for health care freedom, and all of our freedoms, through the Goldwater Institute.
Darcy
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Darcy Olsen
President & CEO
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