Monday, January 10, 2011

Oklahoma reportedly to file its own suit

According to this report in the New York Times, newly elected Oklahoma Attorney General Scott Pruitt has decided to file a separate lawsuit challenging the constitutionality of the ACA. Pruitt's decision is apparently based on, in his view, the necessity of defending an amendment to the Oklahoma constitution, approved by voters in November, that purports to prohibit any Oklahoman from being required to purchase health insurance. (I have written here before that I think these "health care freedom" laws are, though perfectly legitimate as acts of political expression, void ab initio to the extent they attempt to nullify federal laws, and thus inapposite as a legal matter.)

If and when Oklahoma files its challenge, it would be the third (along with Virginia v. Sebelius and Florida v. HHS) in which a state government is a party.

UPDATE: Here is a press release from the office of the Oklahoma Attorney General. It states that the suit will be filed "in the coming weeks."