Stillwater NewsPress

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July 3, 2012

Lawmakers disagree on how to respond to Supreme Court ruling

STILLWATER, Okla. — Just how Oklahoma will move forward on last week’s Supreme Court ruling that upheld the Patient Protection and Affordable Care Act is unclear, but some state lawmakers are calling for the state not to abide by federal law.

Rep. Mike Ritze said Tuesday he planned on filing a bill during the next session to “nullify the individual mandate.” The mandate was at the center of the lawsuit questioning the federal law’s constitutionality. Under the mandate, all Americans would be required to purchase some level of health insurance.

“I disagree with the Supreme Court’s ruling and believe that state governments were intended to serve as a check on the federal government,” Ritze said. “The (law) is an example of federal overreach, and my legislation will authorize the state to resist it and ban the enforcement of it.”

The Broken Arrow Republican authored a similar bill, which eventually stalled, in the 2012 session. If reintroduced, that bill would essentially attempt to retry the Supreme Court case by providing a constitutional argument for why Oklahoma need not recognize the federal health care law. The bill cited the 10th Amendment, which says that all powers not delegated to the federal government fall to the states and local powers.

The previous version of the bill contended that both the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 are not recognized powers given the federal government in the Constitution and would not be recognized in the state of Oklahoma.

“My hope is that ObamaCare will be repealed, but I do not think that means we have to wait for the repeal to happen,” Ritze said. “Oklahoma lawmakers should do what they can to support our choice to make our own health care decisions.”

Along similar lines, Sen. Patrick Anderson publicly called on Gov. Mary Fallin on Tuesday not to comply with the law.

“Bobby Jindal in Louisiana, Chris Christie in New Jersey, Rick Perry in Texas, Scott Walker in Wisconsin, Rick Scott in Florida and Nikki Haley in South Carolina have officially stated they will not implement ObamaCare in their states in the wake of the U.S. Supreme Court’s decision last Thursday,” said Anderson, a Republican from Enid. “Oklahoma needs to join these other states and be a leader, not a follower, in the opposition to this law and the substantial burden that it will place on taxpayers.”

Locally, Stillwater lawmakers have said that as long as the law is in place, Oklahoma should move forward with issues such as setting up a health insurance exchange.

The U.S. Department of Health and Human Services will assess at the start of 2013 whether state’s will have a state-run exchange in place in 2014.

If not, the department will look at setting up a federally run insurance exchange in the state.

The deadline for submitting a state’s plan to the federal department is Nov. 16

“It’s the law of the land, so now as a state we’ll have to put together a health insurance exchange so we can comply with the law,” said Sen. Jim Halligan, R-Stillwater, on Friday.

Speaking after the Supreme Court decision, Rep. Cory Williams said the state needed to move quickly to avoid having a federally-run exchange in the state.

“We need solutions,” he said.

The Stillwater Democrat added that whether or not lawmakers agree with the ruling, it’s still the law and they are required to abide by it. Williams used the Citizens United v. Federal Election Commission decision as an example, which contended that money spent by corporations and unions in campaigns could not be restricted by the government because it was protected free speech.

“I despise the Citizens United decision that came down by the Supreme Court. I think it is the worst decision the Supreme Court has ever made,” Williams said. “That doesn't keep me from complying with it. It is what it is. Things happen that you don’t like.”

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