Kentucky is the only state in the nation to vote against Obama in 2012 and then adopt both major optional provisions of ObamaCare. Fortunately, Kentucky’s Constitution prohibits the governor from unilaterally creating new bureaucracies such as a state-run health benefit exchange.
So that’s why some Kentucky tea partiers are suing to cancel his actions.
In the first court hearing yesterday, Beshear’s attorney called into question the plaintiffs ability to sue which in the law is referred to as “standing.”
“The only way they have standing is if there is an expenditure of state tax dollars,” Beshear’s attorney said. “The exhibit to their complaint, which is controlling, identifies there are no net increases to state dollars being spent, so they don’t have standing.”
First, state run exchanges are required by the federal ACA law to have a navigator program. Navigator programs are prohibited from using federal funds to operate in a state exchange.
That’s the first point.
The second is the ‘exhibit to their complaint’ contradicting plaintiff claims of state expenditures is Governor Beshear’s own executive order. So the Governor of a state wants a lawsuit against him filed by taxpayers dismissed because they contradict a document he wrote.
Can’t make this stuff up.