Arkansas Legislators Join Amicus Brief Against Obamacare’s Mandate

A large group of Republican Arkansas legislators–58 to be exact–are among the 333 legislators from across the country that have joined Cato Institute’s latest amicus brief against Obamacare’s mandate requiring all U.S. citizens to purchase health insurance.  Among the Arkansas legislators on the list are my state representative Mark Biviano, my state senator Jonathan Dismang, and Rep. Jeremy Gillam who represents rural White County.

The brief, which has been filed with the U.S. Supreme Court, outlines 3 key arguments against the Obama mandate:

  1. The Individual Mandate Exceeds the Scope of the Necessary and Proper Clause as Used to Execute the Power to Regulate Interstate Commerce Under the “Substantial Effects” Doctrine.
  2. The Individual Mandate Cannot be Justified as an “Essential Part of a Broader Regulatory Scheme” Because Congress Cannot Regulate Inactivity.
  3. The Individual Mandate is Not “Proper” Under the Necessary and Proper Clause Because It Constitutes an Unconstitutional Commandeer-ing of the People.

You can read the full brief here.  It is quite exquisite.

This development comes on the heels of the announcement last week that a group of GOP leaders in the state House & Senate are throwing their support behind the National Debt Relief Amendment, a bill that would require a vote of a majority of state legislatures before the national debt ceiling could be raised.  These are the types of reforms that Arkansans are looking for, and if the GOP takes the majority in both chambers next year–for the first time in the state’s history–these are the types of reforms that will be expected.

As Advance Arkansas Institute President Dan Greenberg has said, the battle to defeat Obamacare will be waged in the state legislatures.  That battle is part of a much larger power struggle between states & the federal government.  As a nation of states, we have a much better chance at fending off the ever-growing federal bureaucracy if we elect state legislators that are committed to restoring state sovereignty.  We must have legislators that recognize the battle we are in, and what the stakes really are.

Right now, thanks to the leadership of the Republican caucus, the people of Arkansas are on the offensive.

Nic Horton



  1. Pingback: Arkansas Democrats Join Feds in Brief Defending ‘Constitutionality’ of Obamacare «
  2. Pingback: Arkansas Lawmakers Sign On To Obamacare Challenge!

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