In early January of 2011, the State of Oklahoma decided to join the fight against Obamacare and join the more than twenty other states in the Florida lawsuit filing as plaintiff against the new regulations. Prior to this time, the former governor of the state was against efforts to sue the federal government and had blocked all attempts made by the Attorney General. With the incoming of a new Governor, the Attorney General is now free to join forces with the other states and move forward with litigation.
The Attorney General of Oklahoma is basing his decision to file suit upon the passage of Oklahoma State Question 756. This question, also known as the Oklahoma Health Care Freedom Amendment, states that under the state Constitution, residents of the state cannot be “forced to purchase insurance”. This means that Obama care legislation is in direct violation of the state laws in place. Typically, federal law would preempt state law, but not in the case that it is considered to be unconstitutional.
Oklahoma believes strongly that the best way to protect their citizens and their constitutional rights is to file a suit and defend their laws in a federal court.
The Attorney General has been very clear in his desire to sue the federal government if only to repeal the requirement that Oklahomans must purchase insurance products or be fined or penalized under the current guidelines set forth in the Obamacare package.
Oklahoma’s Attorney General believes that by joining forces with the other states at this stage of the lawsuit, he can learn from their petitions and present a strong, more concise argument to win for the people who placed him in office.
Not only will Oklahoma be taking a stand for its citizens against Obama care, it will also be adding another state to the official argument, further challenging the constitutionality of the bill. BOLA TANGKAS