An Amicus Brief filed on May 11th, 2011 in the NC Court of Appeals supports Florida’s lawsuit against PPACA (also known as ObamaCare).

PRESS RELEASE BELOW:

Raleigh, N.C. – President Obama’s federal health care law is unconstitutional, violates states’ rights, and would bust the state budget, according to an Amicus brief leaders of the North Carolina General Assembly filed Wednesday.  The case, State of Florida v. United States Department of Health and Human Services, et al., is being considered by the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.

The brief argues The Patient Protection and Affordable Health Care Act of 2010 holds hostage states’ participation in Medicaid unless they submit to confusing federal mandates that violate the U.S. Constitution and wrongly exert control over state budgets and legislative agendas.  The law would force North Carolina’s taxpayers to spend hundreds of millions of dollars more annually on Medicaid, hindering the state’s ability to provide other vital services.
The brief was submitted in support of a lower court ruling that a provision of the federal health care law forcing citizens to purchase health insurance is unconstitutional.

“It is a shame we had to file this brief because our governor and attorney general refused to defend the constitutional rights of North Carolinians,” said Senate President Pro Tempore Phil Berger (R-Rockingham).  “The federal government has encroached on individual liberties and states’ rights.  We will not roll over when federal authorities abuse their power and pass unconstitutional laws.”

Background
Gov. Beverly Perdue vetoed The Protect Health Care Freedom measure (HB 2) in March that would have allowed North Carolinians to opt out of major provisions of the federal health care law.  Attorney General Roy Cooper defended the federal government’s position after HB 2 passed.  House Bill 2 would have ensured North Carolinians:
·       Cannot be forced to purchase health insurance;
·       Cannot be prevented from purchasing their own health care; and
·       Cannot be forced to provide care.

The bill also would have required the attorney general to represent citizens who are fined or punished for not following the federal health care mandate to buy insurance.