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Maricopa County Libertarian Party

New Obamacare Lawsuit Challenges IPAB

June 10, 2014 - 5:07pm
Jim Iannuzo by Jim Iannuzo

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Nick Coons, former Maricopa County Libertarian Party Secretary filed a key lawsuit in 2010 against the U.S. Secretary of the Treasury now known as Coons v. Lew alleging that the Affordable Care Act (ACA) or Obamacare, violates the U.S. Constitutions separation of powers doctrine as well as the Fourth and Ninth Amendments. He is being represented by the Goldwater Institute.



Coon Challenges the ACANick Coons, former Maricopa County Libertarian Party Secretary filed a key lawsuit in 2010 against the U.S. Secretary of the Treasury now known as Coons v. Lew alleging that the Affordable Care Act (ACA) or Obamacare, violates the U.S. Constitutions separation of powers doctrine as well as the Fourth and Ninth Amendments. He is being represented by the Goldwater Institute.

The U.S. 9th Circuit Court heard oral arguments on June 10th, 2014. At the heart of this case is the claim that the Independent Payment Advisory Board (IPAB) acts as an unelected legislative body in setting rates, benefits and rationing health care for all Americans thus supplanting the powers vested in Congress. Congress has limited jurisdiction over an unaccountable IPAB and there is no judicial review. IPAB recommendations automatically become law without Congressional or Presidential action. If left unchallenged this would represent the largest power grab by the Executive Branch in American history.

The encroachment into private medical records and decisions by IPAB further violates the Fourth and Ninth amendments. No longer will individual medical records be immune from redistribution and review by outside parties without your consent. IPAB has almost unlimited power with respect to all Medicare program decisions, translating into a taxing authority.

Arizona voters overwhelmingly passed the Health Care Freedom Act in 2010 as an amendment to the Arizona Constitution which states that each of us has an individual right to provide for our own health care. No law shall compel any person to participate in any health care system. Government can not levy fines for failure to join a health care plan. Coons argues that the ACA thereby violates the tenth Amendment.



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