Obama sues to stop parents from using LA school choice law

Baton Rouge, La. – The American Federation for Children, the nation's voice for educational choice and its state affiliate, the Louisiana Federation for Children, last week strongly condemned President Obama and Attorney General Eric Holder for seeking to limit educational options for the children of Louisiana. A motion filed by the U.S. Dept. of Justice seeks to prevent the state of Louisiana from offering school vouchers to children in school districts with existing desegregation orders for the 2014-15 school year unless the state receives authorization from the federal court overseeing the desegregation case.

Kevin P. Chavous

“President Obama's assault on educational options is unprecedented and directly impacts low-income families who have the right to high-quality educational options," said Kevin P. Chavous, executive counsel to the American Federation for Children. "We remain committed to fighting for children and ensuring those trapped in failing schools are not left behind."

(Read Chavous' Blog post "Obama to Louisiana Children: ‘You must remain separate and not equal’")

The Louisiana Scholarship Program awarded scholarships to 8,000 students for the 2013-14 school year after receiving nearly 12,000 applications from parents across the state who demand better choices for their children. In just one year, the Louisiana Scholarship Program showed a 60 percent growth, highlighting the popularity of this program that offers scholarships to students trapped in failing schools. To qualify, students must either be enrolled in a school ranked C, D or F or be entering kindergarten for the first time; they must also meet strict income guidelines.

Across the state, 128 schools in 32 parishes are participating in the Louisiana Scholarship Program, which was expanded statewide in 2012. Prior to the expansion, the program served children in New Orleans since its creation in 2008.

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Kevin P. Chavous is a noted attorney, author, and national school reform leader. A former member of the Council of the District of Columbia and a former chairman of D.C.’s Education Committee, Chavous was responsible for enacting numerous education reforms in D.C. Chavous also presides as board chair for Democrats for Education Reform and is a former chair of the Black Alliance for Educational Options.

Updated: Oklahoma Will Not Pursue a State-Based Exchange or Medicaid Expansion

Speaker-Designate Shannon Applauds Decision

OKLAHOMA CITY – Governor Mary Fallin today released the following statement announcing that Oklahoma will not pursue the creation of a state-based exchange or participate in the Medicaid expansion in the Patient Protection and Affordable Care Act (PPACA):

“For the past few months, my staff and I have worked with other lawmakers, Oklahoma stakeholders and health care experts across the country to determine the best course of action for Oklahoma in regards to both the creation of a health insurance exchange and the expansion of Medicaid under the Affordable Care Act. Our priority has been to ascertain what can be done to increase quality and access to health care, contain costs, and do so without placing an undue burden on taxpayers or the state. As I have stated many times before, it is my firm belief that PPACA fails to further these goals, and will in fact decrease the quality of health care across the United States while contributing to the nation’s growing deficit crisis.

“Despite my ongoing opposition to the federal health care law, the state of Oklahoma is legally obligated to either build an exchange that is PPACA compliant and approved by the Obama Administration, or to default to an exchange run by the federal government. This choice has been forced on the people of Oklahoma by the Obama Administration in spite of the fact that voters have overwhelmingly expressed their opposition to the federal health care law through their support of State Question 756, a constitutional amendment prohibiting the implementation of key components of PPACA.

“After careful consideration, I have today informed U.S. Secretary of Health Kathleen Sebelius that Oklahoma will not pursue the creation of its own health insurance exchange. Any exchange that is PPACA compliant will necessarily be ‘state-run’ in name only and would require Oklahoma resources, staff and tax dollars to implement. It does not benefit Oklahoma taxpayers to actively support and fund a new government program that will ultimately be under the control of the federal government, that is opposed by a clear majority of Oklahomans, and that will further the implementation of a law that threatens to erode both the quality of American health care and the fiscal stability of the nation.

“Furthermore, I have also decided that Oklahoma will not be participating in the Obama Administration’s proposed expansion of Medicaid. Such an expansion would be unaffordable, costing the state of Oklahoma up to $475 million between now and 2020, with escalating annual expenses in subsequent years. It would also further Oklahoma’s reliance on federal money that may or may not be available in the future given the dire fiscal problems facing the federal government. On a state level, massive new costs associated with Medicaid expansion would require cuts to important government priorities such as education and public safety. Furthermore, the proposed Medicaid expansion offers no meaningful reform to a massive entitlement program already contributing to the out-of-control spending of the federal government.

“Moving forward, the state of Oklahoma will pursue two actions simultaneously. The first will be to continue our support for Oklahoma Attorney General Scott Pruitt’s ongoing legal challenge of PPACA. General Pruitt’s lawsuit raises different Constitutional questions than previous legal challenges, and both he and I remain optimistic that Oklahoma’s challenge can succeed. 

“Our second and equally important task will be to pursue state-based solutions that improve health outcomes and contain costs for Oklahoma families. Serious reform, for instance, should be pursued in the area of Medicaid and public health, where effective chronic disease prevention and management programs could address the trend of skyrocketing medical bills linked to avoidable hospital and emergency room visits. I look forward to working with legislative leaders and lawmakers in both parties to pursue Oklahoma health care solutions for Oklahoma families.”

Speaker-Designate T.W. Shannon Comments:

Oklahoma House Speaker-elect T.W. Shannon released the following statement today in response to the announcement by Gov. Mary Fallin above.

“I applaud Gov. Fallin for her courage in taking a stand for the people of Oklahoma. Oklahomans have long opposed Obamacare because they recognize how intrusive and unworkable the law is going to be. Our Medicaid program is already unsustainable and needs to be reformed at the state level with solutions that reflect our unique challenges.

“Regarding the health insurance exchanges, it is important to understand that even if we were to create an exchange, the rules are written in Washington, D.C. and the exchanges are going to be controlled by the federal government. The law does not give the state enough flexibility to create an exchange model that would work for Oklahomans.

“Any state initiated exchange as allowed for under Obamacare would require Oklahoma to create a massive new bureaucracy and would enable new federal taxes on our employers. I am confident the lawsuit filed by Oklahom’s Attorney General to mitigate the harmful consequences of Obamacare is going to succeed, and the unworkability of the law will lead to its repeal.

“It is increasingly evident that reform will come from the state level. Oklahoma has drawn a line in the sand, and I am proud to stand with Gov. Fallin and our citizens to continue leading the fight against a federal government that increasingly overreaches and tramples the rights of individuals and the states.”

AG’s Federalism Unit Files Amended Lawsuit against Affordable Care Act

New IRS rule to tax businesses conflicts with health care law

OKLAHOMA CITY – Attorney General Scott Pruitt filed an amended complaint Wednesday in Oklahoma federal court, challenging the implementation of certain provisions of the Affordable Care Act.

“Oklahoma is in a unique position with the only active lawsuit against the Affordable Care Act to hold the federal government accountable in how it implements the law,” Pruitt said. “Now that the Supreme Court has deemed the ACA a tax, and therefore constitutional, the federal government must follow the law and proper procedures, and that is not being done.”

The original lawsuit, filed in January 2011 in the U.S. District Court for the Eastern District of Oklahoma, challenged the health care act’s constitutionality under the Commerce Clause, specifically whether the federal government had the power to mandate individuals to buy health insurance as simply a condition of being a citizen. Oklahoma’s lawsuit was stayed by Judge Ronald White until the U.S. Supreme Court issued a ruling in the Florida case.

In June, the Supreme Court sided with the states, agreeing that the health care law had exceeded its power under the Commerce Clause, but the Court gave authority to implement the individual mandate as a tax under Congress’ Taxing Power.

Following the decision, General Pruitt filed a request with Judge White to lift the stay on the Oklahoma case, so new issues related to implementation of the act could be addressed. The judge granted the request last week, lifting the stay.

With Oklahoma’s lawsuit still at the district level, the state can amend the complaint, which would not be allowed with cases on appeal.

Among the issues raised in the complaint is a new IRS rule that violates the Administrative Procedures Act and conflicts with the ACA. Oklahoma also is asking the Court to recognize that because the Supreme Court deemed the health care act’s individual mandate a tax that it no longer conflicts with Oklahoma’s constitutional provision that no law or rule can “compel any person, employer or health care provider to participate in any health care system.”

For a copy of the original and amended complaints or the state’s motion to lift the stay, go online to www.oag.ok.gov.

Pruitt v. Sebelius-Motion to Lift Stay(Final).pdf

Original Complaint - Healthcare.pdf

Oklahoma Amended Complaint.pdf

Pruitt Takes Action on Oklahoma Health Care Lawsuit

Oklahoma amendment still protects Oklahomans from being forced to buy health care; Supreme Court decision, other federal actions raise new questions about constitutionality 

OKLAHOMA CITY – Attorney General Scott Pruitt Friday asked a federal judge to lift a stay on Oklahoma’s health care lawsuit and allow the state time to address the U.S. Supreme Court’s ruling on the Affordable Care Act. 

The Oklahoma lawsuit was filed on Jan. 21, 2011, in the U.S. District Court for the Eastern District of Oklahoma. It is pending before Judge Ronald White, who stayed the case while the U.S. Supreme Court decided a lawsuit filed by Florida and 25 other states. The Supreme Court decision was issued in June. 

“The Supreme Court agreed with Oklahoma’s claims that the Commerce Clause does not give the federal government power to compel Americans to buy a product. But in the process, the Court found the individual mandate to be a new tax, which now raises significant questions about its validity as a revenue-raising measure,” Pruitt said. “This is a critical issue for Oklahoma residents and businesses, so we are asking the court to lift the stay and give us 30 days to determine the next step.” 

The Attorney General’s Office is reviewing several aspects of the health care law and tax, including a new rule by the Internal Revenue Service. The rule contradicts a provision in the health care law that keeps businesses from being taxed for lack of employee insurance coverage in states like Oklahoma, where a state-run health insurance exchange has not been created. 

Attorneys, led by the Solicitor General, also are assessing the effect of the Supreme Court’s ruling on Oklahoma’s constitutional amendment (Article II, Section 37) that prohibits any government from “mandating” Oklahomans to purchase health insurance. State Question 756 – The Oklahoma Health Care Freedom Amendment – was passed in November 2010 with more than 70 percent of the vote. 

“This lawsuit has never been about health care. It is about the limits of the federal government under the spirit and letter of the Constitution, and whether they have exceeded those limits through this act,” Pruitt said. “Our duty is to defend the states’ role and provide a check for this out-of-control administration that unashamedly seeks to exceed its authority.”

Pruitt v. Sebelius-Motion to Lift Stay(Final - Version 3).pdf

Reaction to SCOTUS Health Care Law Decision

State Rep. Jason Nelson, R-Oklahoma City, today issued the following statement regarding the U.S. Supreme Court decision upholding the Patient Protection and Affordable Care Act. Nelson last year served as a member of the Joint Task Force to Study the Federal Health Care Law.

“I want Oklahoma to stand strong in its continuing fight against the implementation of this destructive Federal law at every turn and I will do everything I can to assist in the effort.

“Chief Justice John Marshall’s 1819 axiom, ‘The power to tax is the power to destroy,’ came to mind as I heard the news of the U.S. Supreme Court decision today upholding Obamacare on the basis that it is a tax. Clearly that power has been trained on individual and religious liberty by President Obama and Democrat Leaders in Congress.

“It is unimaginable that our Founding Fathers could have intended for the Federal government to compel American citizens to buy health insurance or pay a tax.”

Governor Mary Fallin released the following statement:

“Oklahomans have voiced their opposition to the federal health care bill from the very beginning, having approved a constitutional amendment to block the implementation of this bill in our state. We believe that, rather than Big Government bureaucracy and one-size-fits-all solutions, the free-market principles of choice and competition are the best tools at our disposal to increase access to health care and reduce costs.

“I’m extremely disappointed and frustrated by the Supreme Court’s decision to uphold the federal health care law.  President Obama’s  health care policies will limit patients’ health care choices, reduce the quality of health care in the United States, and will cost the state of Oklahoma more than a half billion dollars in the process. 

“Today’s decision highlights the importance of electing leaders who will work to repeal the federal health care law and replace it with meaningful reform focused on commonsense, market based changes.”

House Speaker Kris Steele issued the following statement:

“It’s unprecedented to see America’s highest court rule that the federal government is more powerful than the individual despite the fact that our nation’s founding principles say the opposite. This was a deeply divided opinion, with the dissenting justices explaining precisely why Oklahoma has opposed this law from the beginning. The constitutional concerns that led Oklahoma to tread carefully with policy decisions on all elements of this law – big and small – have proven valid, given the narrowly split opinion. Our best hope now is to elect those willing to repeal this law and work together to find better solutions to the significant health care challenges faced by our state and nation.” – House Speaker Kris Steele, R-Shawnee

The Oklahoma Republican Party released the following statement:

The Oklahoma Republican Party released the following statement upon today's Supreme Court decision to uphold Obamacare - including the controversial individual mandate:

"It was over two years ago that Nancy Pelosi said, 'We have to pass the bill so you can find out what is in it.' Well, Americans did find out what was in it and they've been against this massive government-growing, budget-busting, hyper-partisan bill ever since," said OKGOP Chairman Matt Pinnell.

"The Supreme Court has provided us one more strong argument for why Governor Romney must defeat Barack Obama this November. Governor Romney has been crystal clear: he will repeal and replace Obamacare," concluded Pinnell.


The Facts About Obamacare

Nearly Three-Quarters Of Small-Business Owners Blame Obamacare For Impeding Job Creation. “As part of the explanation for the general economic pessimism, 78 percent of small businesses believe that taxation, regulation and legislation from Washington make it harder for businesses to hire more employees — and 74 percent blame the recent health care reforms passed by the Obama administration for creating an impediment to job creation.” (Tim Mak, “Chamber Poll: Small Biz Blames D.C.,” Politico, 1/18/12)

Obamacare Contained “The Largest Tax Increase Since 1993.” “Keep in mind that Mr. Obama has already signed the largest tax increase since 1993. While everyone focuses on the Bush tax rates that expire after 2012, other tax increases are already set to hit the economy thanks to the 2010 Affordable Care Act.” (Editorial, “Taxes Upon Taxes Upon…,” The Wall Street Journal, 7/11/11)

The Nonpartisan Congressional Budget Office Estimated That Obamacare Will Raise Taxes By Hundreds Of Billions Of Dollars Over Its First 10 Years. (CBO Director Douglas W. Elmendorf, Testimony, U.S. House Of Representatives, 3/30/11)