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Idaho governor first to sign law barring federal health insurance mandate

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Idaho Governor CL "Butch" Otter (R) on Wednesday became the first governor to sign a bill into state law banning any federal mandate for individuals to have health insurance. The Idaho Health Freedom Act orders the state attorney general to file a lawsuit against the national government over any law making health insurance mandatory. The bill highlights efforts the state has made in local health care reform and stresses the state government's determination to oppose federal health care legislation. State Senate minority leader Kate Kelly (D) criticized the price tag on the new bill and accused Otter of fiscal irresponsibility. The legislation will face legal challenges under the Supremacy Clause of the US Constitution, which gives federal law precedence over state law. Last week, the Virginia legislature passed a similar bill that would ban federal mandates on health insurance, which the state's governor has pledged to sign. At least 37 other states have plans to introduce similar legislation, according to the American Legislative Council (ALEC), which published a model bill on which the initiatives are based. Last month, President Barack Obama released his own health care proposal that seeks to reconcile versions of the bill passed by the House and Senate last year. Obama has argued that the legislation would overhaul private health insurance and provide affordable care for millions of Americans while Republicans have said they would block the bill because it was too expensive and would compel people to buy health insurance.

Full post as published by JURIST - The Paper Chase on March 18, 2010 (boomark / email).