Governor Fallin Announces Oklahoma Will File Lawsuit Against Healthcare Law

Newson6.com ^ | Jan 20, 2011 | Newson6

[RasterMaster]

OKLAHOMA CITY -- Governor Mary Fallin announced on cable news Thursday night that Oklahoma will file a lawsuit against the new healthcare law.

Instead of joining some two dozen states in their lawsuit, Oklahoma will sue on the grounds that the federal healthcare law violates the new constitutional amendment just approved by Oklahoma voters.

State Question 756 changed Oklahoma's constitution to say Oklahomans can't be required to participate in any healthcare system.

Fallin made the announcement on "On the Record with Greta Van Susteren" on Fox News.

[RasterMaster]

Oklahoma joins 27 other states in the quest to repeal DUh-bamaCare.

[ForGod'sSake]

Thanks and bump!!!

[RasterMaster]

Cross-referenced...

http://www.freerepublic.com/focus/chat/2660754/posts

[RasterMaster]

Related article:

Oklahoma to File its own Suit
By Hadley Heath

http://healthcarelawsuits.net/blog/detail.php?c=2390605&t=Oklahoma-to-File-its-own-Suit

[patriot preacher]

That’s a fascinating approach. He’s going to challenge the Feds in a Federal Court based on the new State Constitutional Law voters in Oklahoma just approved....

Now, I know, historically, that States OUGHT to be in control of their affairs about such things, but in reality, the Feds aren’t going to let that happen, because they haven’t let that happen for at least 100 and perhaps as much as 150 years! They’ll just fall back on the old “supremacy clause” claim (which doesn’t apply — but they’ll do it anyway); and/or they’ll run it through the Innerstate Commerce Clause (it works for almost everything else), or they may just fall back to that great Reconstruction standard, the 14th Amendment — that “catch-all” for justifying ANYTHING the Feds want to do at the States expense.

In other words, it’s great he’s taking a different approach — but a State Law has NO power in a Federal Court — and the Feds will laugh him right out of the courthouse.

[ForGod'sSake]

For background re "NULLIFICATION":

Yesterday the Oklahoma House of Representatives issued a press release, "Ritze Seeks Nullification of ObamaCare," which stated: "State Rep. Mike Ritze has filed legislation to effectively nullify the new federal health care law and allow felony charges against individuals attempting  to enforce it in Oklahoma."

Oklahoma thus joins at least seven other states where bills to nullify the entire ObamaCare law on the basis of its unconstitutionality have been introduced in 2011. The eight states with their corresponding bill numbers (with links to full-text) are: Texas (HB297), Montana (SB161), Wyoming (HB0035), Oregon (SB498), Indiana (SB505), Maine (LD58), Nebraska (LB515), and Oklahoma (HB1276).

According to Ritze, who is one of only two doctors serving in the Oklahoma Legislature, “The federal health care law is clearly an unconstitutional infringement on the rights of U.S. citizens. As a result, the state of Oklahoma must  act aggressively to stop this unconstitutional power grab.”

Because the “Patient Protection and Affordable Care Act” and “Health Care and Education Reconciliation Act of 2010” were “not authorized by the Constitution of the United States,” the bill declares them to be “invalid in the State of Oklahoma” and states that they “shall not be recognized by this state, are specifically rejected  by this state, and shall be considered null and void and of no effect in this state.”

Furthermore, as with most of the seven other nullification bills mentioned above, "under House Bill 1276, any official, agent, or employee of the United States government who attempts to enforce the new federal health care law could face felony charges carrying a penalty of up to five years in prison and a fine of $5,000." And, "any state government official attempting to impose and enforce the federal statutes could face misdemeanor charges carrying a penalty of up to two years in jail and a $1,000 fine.    

In addition to these criminal penalties, Oklahoma's HB1276 also provides that "citizens forced to abide by the new federal health care law would also be allowed to sue individuals enforcing the law."

[ForGod'sSake]

See #6 post following yours. "Nullification" is a powerful tool the States can use against an overstepping feral government. They essentially tell the federales to pound sand.

[RasterMaster]

Yes SHE (like Missouri and Virginia) is going to challenge based on the OKLAHOMA Constitution. Some related articles for those who need to play “catch-up”....

State Question 756 protests federal health care act

http://www.tulsaworld.com/news/article.aspx?subjectid=17&articleid=20101107_17_A25_Tesaeb62281

SQ756 sends clear message on health care reform to Washington, analysts say

Read more from this Tulsa World article at

http://www.tulsaworld.com/news/article.aspx?subjectid=17&articleid=20101107_17_A25_Tesaeb62281

[pissant]

Okie Dokie!

[TheThinker]

Would only need 6 more states to pass a Constitutional amendment.

[Svartalfiar]

Wait.. so does this mean that Oklahomians (Oklomen?) no longer have to pay in to Medicare taxes?

[TheThinker]

Whoops, my math is totally off. We would need 11 more states to pass an amendment if proposed by two-thirds of both houses of Congress. A high bar indeed!

[paint_your_wagon]

so does this mean that Oklahomians (Oklomen?)

---

Some people just call them Okies, but I think they prefer the term “Sooners.”

[OpusatFR]

Has this ever happened before? This is a very serious move for the States and has big implications for the Executive Branch.

The media is ignoring this, but frankly, this is the biggest story.

[Razzz42]

I think you missed the point. OK is arguing for individual-citizens rights. If a federal government employee steps foot inside OK state lines that employee can now be sued as an individual. Contesting a person appointed by the federal government trying to overpower and enforce regulation(s) is a whole new angle of argument as individual rights trump State and Federal wants and desires. (You’d never know that by today’s standard where the Federal government normally rules with a heavy hand)

This seems to be a trend unless it’s California where most laws are ignore except Prop. 13 where it was written into the State’s Constitution.

{Wonder if this can be applied to IRS agents?}

[crz]

They might laugh..till the Okies tell them to go “F” themsleves and take their GD shitty federal subsidies along with them.

If I were governor..at that point I would round up every federal employee and escort them to the state line and wish them well.

[crz]

THERE! That is the way to do it!

[Defend Liberty]

Oklahoma’s lawsuit, as with any other lawsuits involving states, should go directly to SCOTUS per Article 3 Section 2 of the Constitution. It states SCOTUS has original jurisdiction for any cases regarding the states. Therefore filing such lawsuits at the Appellate level is Unconstitutional!

[patriot preacher]

See #6 post following yours. “Nullification” is a powerful tool the States can use against an overstepping feral government. They essentially tell the federales to pound sand.
______________

Oh, I TOTALLY agree! All I meant was, don’t expect the Federal Courts to say “okay” to it! They’ll rule AGAINST OK on it. Then, it will be up to OK (and the other States) to FINALLY tell Washington “to pound sand.” It’s WAY past time!

[patriot preacher]

I think you missed the point. OK is arguing for individual-citizens rights. If a federal government employee steps foot inside OK state lines that employee can now be sued as an individual. Contesting a person appointed by the federal government trying to overpower and enforce regulation(s) is a whole new angle of argument as individual rights trump State and Federal wants and desires. (You’d never know that by today’s standard where the Federal government normally rules with a heavy hand)

This seems to be a trend unless it’s California where most laws are ignore except Prop. 13 where it was written into the State’s Constitution.

{Wonder if this can be applied to IRS agents?}

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I think you missed my point! I don’t disagree with you at all, or with the approach OK is taking to fight ObamaCare. My point was simply that the Federal Courts WILL NOT accept or approve of it in THEIR Courts. NOT gonna happen. Which will leave the State[s] in the positions of having to DEFY the Federal Government, to NULLIFY their illegal legislation. So — do the States finally have the guts to do so?