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Arizona institute files lawsuit against the health care law

by Heather Mayer, DOTmed News Reporter | August 16, 2010
The latest combatant
against health care reform
Yet another group is up in arms against the federal government's health care reform law. The Arizona-based Goldwater Institute filed a lawsuit late last week on behalf of Arizona lawmakers, who call the law a "fundamental attack on individual freedom and the rights guaranteed to all Americans by the U.S. Constitution."

There are about 20 other states who have filed against the government, including the state of Arizona, which filed with Florida Attorney General Bill McCollum earlier this year.

The suit, Coons versus Geithner, argues that the law "exceeds the powers of Congress, violates individual rights, interferes with the authority of states and violates the separation of powers by setting up a new bureaucracy without meaningful congressional oversight or judicial review."
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Lead plaintiff Nick Coons is a small business owner who pays for medical care out of his own pocket, and he does not want to buy health insurance that has been approved by the government by 2014, according to the Goldwater Institute.

"The government is making me spend money on something that I don't want," Coons said in prepared remarks.

Under the health care law, those that do not purchase health insurance will be fined by the Internal Revenue Service.

Coons also argued that the law violates his medical privacy by forcing him to disclose his medical records to an insurance company, which could be accessed by the federal government and others without his permission.

Joining Coons are U.S. Reps. Jeff Flake (R-Ariz.), Trent Franks (R-Ariz.), John Shadegg (R - Ariz.), Arizona state House Speaker Kirk Adams and 28 other Arizona lawmakers.

While Coons is taking part in the lawsuit for individual reasons, the Goldwater Institute became involved to protect the rights of Arizona and U.S. citizens.

"[We] became involved because this is the most egregious expansion of federal government in history," Nick Dranias, a Goldwater Institute attorney on the case, told DOTmed News. "If Obamacare stands, there is nothing the federal government cannot do."

The defendants in the suit include President Barack Obama as head of the executive branch, Secretary of Treasury Timothy Geithner, Secretary of Health and Human Services Kathleen Sebelius and U.S. Attorney General Eric Holder.

Dranias doesn't anticipate an easy fight against the government.

"With any case like this, when you fight the federal government in federal court it's going to be an uphill battle," he said. "If the federal government does what I would do, they will drag their feet."

The office of Arizona Attorney General Terry Goddard declined to comment on the lawsuit.