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OK GOP Lawmakers Say They'll Fight Mandate (Jul 06, 2012)

(JournalRecord)State lawmakers opposed to the recent U.S. Supreme Court ruling on the Affordable Health Care Act say they plan to work against it during the next legislative session. The Journal Record reports conservative Republican members of the Oklahoma Legislature say they will introduce legislation to nullify the individual mandate provision of the federal act on a state level.

But legal experts say that task will be difficult, if not impossible. The individual mandate provision requires consumers to purchase health insurance or pay a fee. The Supreme Court ruling held that the fee could be considered a tax and was a valid exercise of Congressional authority.

Oklahoma City attorney Karen Reiger says because the mandate was ruled a valid exercise of the government’s power to tax, states do not have the power to nullify it.

But she says the ruling does prevent Congress from taking away a state’s Medicaid funding if it refuses to implement the Medicaid expansion provisions of the Act. The ruling of the nation’s highest court said that provision was too coercive.



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