I wrote yesterday about the Arkansas Republican legislators who have joined the Cato Institute’s brief against Obamacare’s mandate. This morning, I received a press release from Senator Jason Rapert (R-Conway) announcing his support for the brief, saying Obamacare is ‘unconstitutional’ and reaffirming his commitment to fight the law’s implementation in the state.
But at the end of his release, Rapert included a link to another Supreme Court brief, this one signed by Arkansas Democratic Assembly leaders Joyce Elliott, Johnnie Roebuck, & Kathy Webb. It was filed by the federal Department of Health & Human Services in the 11th circuit.
The arguments listed in the brief?
- The Framers Wrote The Constitution To Give The Federal Government Broad Legislative Power To Address National Concerns, While Preserving State Authority Over Local Matters.
- The Framers Included The Commerce Clause In The Constitution To Allow The Federal Government To Regulate Affairs Among The Several States That Require A Federal Response.
- Under The Text And Original Meaning Of The Necessary And Proper Clause, Congress Has Broad Latitude To Employ Legislative Means Naturally Related To The Lawful Objects Or Ends Of The Federal Government.
- The Constitution’s Text And History Support The Constitutionality Of The Affordable Care Act’s Minimum Coverage Provision
So what we have now, in this bizarro political world we live in, is a group of state legislators signing onto a federal court action against state sovereignty. What’s even ‘funnier’ than that: they want to talk about original intent of The Constitution! (I can’t make this stuff up: read the full brief for yourself.)
This development really reemphasizes the importance of having a strong conservative caucus in Little Rock. And we must remember: There are people in our state legislature who want to cede our state’s sovereignty to the federal government.
We better send some folks to Little Rock who are committed to fighting for Arkansas.