Alaska Governor Refuses to Implement ObamaCare
- Posted on February 17, 2011 at 9:24pm by
Meredith Jessup
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Gov. Sean Parnell
JUNEAU, Alaska (AP) — Gov. Sean Parnell took a defiant stand Thursday against the federal health care overhaul Congress passed last year, declaring that he will refuse to implement a law he views as blatantly unconstitutional.
Parnell is the latest Republican governor to lash out against the law as the courts weigh the constitutionality of the overhaul. More than half of all states, including Alaska, have sued or joined lawsuits against the government over the health care plan pushed by President Barack Obama.
It’s not immediately clear what impact the unusual, rather bold move would have on Alaskans, an estimated 14 percent of whom are uninsured year-round.
Several experts believe Parnell is on shaky legal ground and that his comments are little more than symbolic. The law won’t fully take effect until 2015 – just after his first term will have ended – and the constitutionality question will not get settled until the U.S. Supreme Court decides it.
Until then, in Parnell’s view the decision by a federal judge in Florida, striking down the law as unconstitutional, “is the law of the land, as it pertains to Alaska.”
Alaska was one of 26 states party to that case. In other cases, two federal judges have upheld the law and another judge ruled a provision requiring citizens to buy health insurance or face penalties – a major point of contention in the Florida case – is unconstitutional but did not strike down the rest of the law.
“This is one renegade judge that has reached this decision,” said Timothy S. Jost, a professor at the Washington and Lee University School of Law. He called the opinion “extremist” and likely to be reversed on appeal. In refusing to participate in the law, he said, Alaska “is really the outlier” among states.
The U.S. Department of Justice on Thursday asked U.S. District Judge Roger Vinson to clarify his order and “confirm that the court did not intend to disrupt the many programs currently in effect, including small business tax credits, the millions of dollars in federal grants awarded to states to help with health care costs, and other ongoing consumer protections while this case is on appeal,” department spokeswoman Tracy Schmaler said.
“We believe it is important to put to rest any doubts about the ability of states and other parties to continue to implement these critical programs and consumer protections provided under this statute,” Schmaler said.
Alaska Attorney General John J. Burns said late Thursday afternoon that he had not yet seen the filing and could not immediately comment on it.
Parnell sought Burns’ advice on whether enforcing and enacting the law would violate his oath to uphold the state and U.S. constitutions. Parnell disputed the contention by Jost and others that any refusal by the states to participate in the law is an invitation to the federal government to step in and implement it for them. He reads Vinson’s decision as a court order blocking implementation.
“The state of Alaska will not pursue unlawful activity to implement a federal health care regime that has been declared unconstitutional by a federal court,” Parnell told the Juneau Chamber of Commerce, to applause, Thursday.
Parnell said the state would pursue lawful, market-based solutions of its own. That includes looking at the potential for a health insurance exchange without the “shiny but poisonous apple” of federal dollars and mandates “that create federal dependency and control.”
He faced a Friday deadline for applying for federal funds to help set up an exchange and faced pressure from seven Democratic state senators to do so. He refused.
Parnell said several of the lawmakers who petitioned him are attorneys like he is and considering the Florida ruling, they should know better.
Sen. Bill Wielechowski, an attorney from Anchorage who signed the letter, said 49 other states accepted the federal funding for a program that he said is meant to allow for residents to get lower-cost insurance.
“For the governor to stake his flag in the ground and say, ‘This is the fight I want,’ over this provision, which is really a conservative provision, indicates to me that the governor, I think, is maybe placing politics over what’s best for Alaskans,” Wielechowski said.
Sen. Hollis French, a supporter of the federal overhaul who has introduced legislation to establish a health benefit exchange, questioned whether Parnell would be open to “meaningful reform.”
Parnell said there were four areas of the law where, prior to the judge’s decision, he had taken action. Those areas include setting up a state-run high-risk pool providing a coverage option for Alaskans previously denied insurance for pre-existing conditions. He said about 28 people are on the program list, and he believes the state should continue funding.
Alaska will work to provide more affordable, accessible health care “as a matter of state policy, not as a mandate of the federal government,” he told The Associated Press.
Ron Pollack, executive director of Families USA, said currently states have an “enormous amount of discretion” in how they implement provisions of the law. If the governor refuses to exercise that, the federal government will have the say, he said.
Neither he nor Jost knew of any other state taking action similar to Parnell.
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Comments (60)
CanteenBoy
Posted on February 18, 2011 at 3:38amHow does (not my) America continue to buy into the crap being sold???
Report Post »stitchak
Posted on February 18, 2011 at 3:38amI expect to see the other states who have stood up, to follow the trail Alaska has broken. Am proud of our Governor!
Report Post »komponist-ZAH
Posted on February 18, 2011 at 3:09am“This is one renegade judge that has reached this decision,” said Timothy S. Jost, a professor at the Washington and Lee University School of Law
—————————————————————-
1) This professor is a disgrace to the names of both Washington and Lee.
2) A judge following the letter of the Constitution is “renegade”???
3) Apparently the 10th Amend. isn’t taught in his class.
Report Post »C. Schwehr
Posted on February 18, 2011 at 2:28pmWe have a former Constitutional Law teacher who is IN CONTEMPT OF COURT right now! This will come down to a matter of who can FORCE the issue….the PEOPLE, or the DICTATOR!
Report Post »THEBRAIN
Posted on February 18, 2011 at 3:04amTitanium balls have the Governor of AK. and WI. something we’re going to need more of. The next election cycle and all the rest of election cycles for a long time are going to need the good people of this country to back up their men and women fighting for the constitution. I prey God’s speed to the people able to keep good people in office.
Report Post »akpatriot
Posted on February 18, 2011 at 3:04amProud to be alaskan! Filing a suit to block obamanation-care is giving merit to what is obviously an unconstitutional law. Gov Parnell got it right, now where are the other governors? Stand up and defend the constitution as you are sworn to do.
Report Post »Glenn is my hero
Posted on February 18, 2011 at 2:06amHope all the other governors who are against Obammy care have the cajones, balls and spine to do the same as this governor! The states are soveign and don’t have to do what the dictator Obama wants. Time to take a stand and not let the dictator stomp on the Constitution!
Report Post »checkit
Posted on February 18, 2011 at 2:06amIt’s not just Alaska, other states are passing bills at the state level to BLOCK federal items. Several have Felony charges against Federal Employees that try to enforce the federal laws. Arizona senate just passed 2 of them.!!!
I would say the health care bill is dead.
Report Post »idrathermisstotheright
Posted on February 18, 2011 at 12:47amThe feds ignor enforcing immigration laws for years. States should tell the Feds all Heath care laws will be ignored until the boarder is secured and all immigration laws are enforced along with the deportation of all illegal aliens. Until then tell BO and his cronies to go pound salt.
Report Post »WTFnorm
Posted on February 18, 2011 at 9:10pmI like your sentiment, but states should ignore all unconstitutional laws. Period. It wouldn’t make sense to implement something like Obamacare just because the federal government decided to enforce immigration laws. One has nothing to do with the other.
Report Post »sgbart
Posted on February 18, 2011 at 12:24amHe’s not the only one…Idaho is pushing a bill to nullify Obamacare based on the 10th Amendment. It has made it through the House in the state legislature.
http://www.idahopress.com/news/article_a032b5d0-3a21-11e0-8aaa-001cc4c002e0.html
Report Post »wash1776
Posted on February 18, 2011 at 12:20amGOOD FOR YOU PARNELL! Hope OBUMBELL doesn’t have you hauled away in handcuffs. He is mean and arrogant enough to.
Report Post »pattybbb1
Posted on February 18, 2011 at 12:18amThis Governor has planted his flag. Godspeed.
Report Post »Diane TX
Posted on February 18, 2011 at 12:14amOne State has it right – only 49 to go.
Report Post »New Sherrif in town
Posted on February 17, 2011 at 11:36pmGOD BLESS GOV SEAN PARNELL. Way to go! Makes me want to move to Alaska.
Report Post »firenate
Posted on February 17, 2011 at 11:28pmAlaska will be the new land of rich opportunitys and prosperity if they stick to their guns and dont give in to washintons forceful hand… If revolution ever sweeps this land I’m headed north! Parnell, Stand strong!
Report Post »banjarmon
Posted on February 17, 2011 at 11:28pmgood om him
Report Post »SomaliVet
Posted on February 17, 2011 at 11:26pmObamination: Judge? I can’t believed you ruled against my health reform bill. Judge Vinson: Mr Prez, I can’t believe you taught constitutional law!!
Report Post »Futureorthopod2013
Posted on February 17, 2011 at 11:21pmhmmmm…if his current plan works for him…cool
Report Post »crichton
Posted on February 17, 2011 at 11:17pmExcellent! I was hoping some governor would say, “Let’s see you enforce it.”
Report Post »ComeAndTakeThis
Posted on February 17, 2011 at 11:17pmThe 10 Amendment has meaning in at least one state.
Report Post »Smoke Ranch
Posted on February 17, 2011 at 11:16pmAnd the first group who were exempted from the new health care law was Congress. If this bill was so great, then why didn’t they want it for themselves. Or was their health care so good they didn‘t want to change it for something they must think isn’t as good. You gotta wonder, you gotta wonder.
Report Post »C. Schwehr
Posted on February 18, 2011 at 2:25pmNote: Over 900 individual groups (companies, etc) and FOUR STATES have received waivers to the CommieCare bill in the last year….A Florida FEDERAL JUDGE has stated this bill is unConstitutional ON IT’S FACE, EN TOTO. Unless the Supreme court overturns this finding, the bill is dead, and any state which declines to enforce it’s tax collection or enaction on the general public is well withing their rights! The “Obama” regime is acting like the finding of this judge NEVER HAPPENED AND IS CONTEMPT OF HIS COURT! This MUST be stopped, and the states have that right! I STAND WITH ALASKA!
Report Post »Alammbrito
Posted on February 17, 2011 at 11:16pmSarah Palin, a Christian and Conservative Woman and Mom, is The LEADER that We need to Restore and Lead America.
Report Post »Fina_Biscotti
Posted on February 17, 2011 at 11:15pmMARK LEVIN stated on his RADIO SHOW: “…..to implement Obamacare is a FELONY”.
Report Post »eflow504
Posted on February 17, 2011 at 11:15pmgood job!!
Report Post »powhatan
Posted on February 17, 2011 at 11:10pmBrave and Decent man..
Report Post »SpankDaMonkey
Posted on February 17, 2011 at 10:58pm.
Report Post »Don’t blame him one little bit……………..
thepatriotdave
Posted on February 17, 2011 at 11:16pmTwo thumbs waaay up!
http://tinyurl.com/4rv8xsm
Report Post »mcfinch
Posted on February 17, 2011 at 11:21pmOne good man Alaska has as a govenor! Way to step it up sir!
http://politicalbowl.com – Political Video Website
Report Post »HairRazor
Posted on February 17, 2011 at 11:29pmStand firm Gov., you’ve got it right.
Report Post »DogTags
Posted on February 18, 2011 at 12:03amWe voted for the right governor even though we didn’t vote for the right Senator.
Report Post »A Doctors Labor Is Not My Right
Posted on February 18, 2011 at 12:04amThe article says:
“and the constitutionality question will not get settled until the U.S. Supreme Court decides it.
This is false. The Supreme Court doesn’t DECIDE whether a law is contitutional or not – the Constitution decides whether or not a law is constitutional, and the Supreme Court has a responsibility to interpret it correctly. The Supreme Court’s decision may be challenged by the same standard by which the Constitution is to be interpreted, which is textual criticism and logic.
The Constitution is not legalese, but rather is based on the history of government abuses. “Unalienable rights” for example, is not subject to legalese, but is a position taken about the very nature of mankind for all time. And it is to THAT interpretation that elected officials swear the oath to uphold it. If not, then they have not taken the oath. You can‘t make up which definition of the Constitution you’re going to swear the oath to – and that goes to the Supreme Court, as well.
Alaska is right. Obama and the Progressives are wrong. To implement Obamacare – even parts of it now, since the whole thing must fall on the unConstitutionality of the mandate – is a violation of individual liberty.
I stand with Alaska.
Report Post »markamerica
Posted on February 18, 2011 at 12:09amNonsensical AP story… The first thing I noticed, apart from their shameless appeal to emotion with the ‘14% of alaskans are uninsured year-round,’ statistic, is that the line near the end claiming no other states have taken similar actions. Really? Tell that to Florida. They send back a load of implementation money. Sounds awfully similar to me. The media outlets are not to be trusted, any of them, on this story, or any other.
Mark
Report Post »Intellectual Honesty
Posted on February 18, 2011 at 12:12amI think he should go one step further. Alaska historically rakes in more federal tax benefits (in dollars) per capita than any other state; yet the state can afford to pay its residents a stipend every year?! I’d love to see the governor really claim the moral high ground and insist the lower 48 keep more of what we send them- as to be more in line with the rest of the country. But that would actually take real courage, and not be viewed by so many as cynical political grandstanding.
Report Post »markamerica
Posted on February 18, 2011 at 12:13am@A Doctors Labor Is Not My Right
The only problem is that when you talk about unalienable rights, or natural rights, or natural law, as we saw during her confirmation hearings, Elana Kagan feels no attachment to such a standard.
The only thing worse than a treasonous president is an equally vile supreme court unwilling to act to restrain him.
Report Post »DogTags
Posted on February 18, 2011 at 12:32amThis is what I sent to my governor:
My wife and I appreciate your stand against tyranny of the federal government. We encourage you to stand firm on the decision to refuse to implement an unconstitutional health care law. The law is invalid ab initio. A law invalid ab initio is no law at all. You are on solid constitutional grounds and natural law grounds to refuse federal government bullying.
This issue is not just about the federal takeover of the health care and insurance industries. It is about liberty. It is about a pernicious, nefarious attempt by federal politicians to take away the sovereignty of states like Alaska. If you yield on this stand, the cause of liberty will be set back over 200 years.
“Is life so dear, or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!” We are not close to a clash of arms, and I pray for peace with all that is within me. But I fear the Obama administration would not hesitate to impose his will on Alaskans by a show of force. (Though the prefered way to impose his will is apparently by union rent-a-mobs as demonstrated in Wisconsin.)
Stand firm! I pray the sovereign hand of God will guide you in your decisions to lead us in a return to the American ideals of liberty and self-determination. Who knows, maybe God has raised you up for such a time as this.
Report Post »AmericanSoldier
Posted on February 18, 2011 at 12:41amThe law may not be implemented until 2015 but they are collecting funds through taxations as of today, in order to fund Obamacare, are they not? He can step forward beyond symbolism and refuse to collect taxes created by Obamacare.
Report Post »Mister President
Posted on February 18, 2011 at 1:07amThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
‘Nuf said.
Report Post »AzDebi
Posted on February 18, 2011 at 2:11am@A Doctors Labor Is Not My Right:
“…To implement Obamacare – even parts of it now, since the whole thing must fall on the Un-Constitutionality of the mandate – is a violation of individual liberty.”
I stand with Alaska.”
Report Post »____________________
U R Correct…well stated…AND…in my opinion, the ONLY argument that’s needed!
I too stand with Alaska!
I guess if we can‘t get the lil’ dictator to leave on his own…then, state by state…we’ll just leave him behind! “Ockham’s razor”…
grandmaof5
Posted on February 18, 2011 at 6:28amDOGTAGS, I agree but wouldn‘t be surprised if that senatorial election wasn’t stolen. The ends justify the means.
Report Post »C. Schwehr
Posted on February 18, 2011 at 2:19pmNote to “Intellectual Honety”: How about being honest then, instead of a hypocrite? The “stipend” the Alaska state government pays every Alaskan citizen is the portion of OIL PROFITS which is paid out to their citizens because the state Constitution considers the riches of Alaska to be the property of the citizens and not the government. I’ve read the claim that Alaska is the most heavily subsidized state in the union, but nobody has ever proved that claim….and it’s never been cited before PALIN came on to the political scene…..pardon me for my belief that it’s just another LIE coming from the LEFT.
Report Post »Sinista Mace
Posted on February 19, 2011 at 9:13amAt least SOMEBODY has the cajones to just say NO to this tyrant.
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