Letter To The Honorable Dustin McDaniel, Arkansas Attorney General

Press Release

Date: March 26, 2010
Location: Washington, DC

Boozman Urges Arkansas Attorney General To Consider Legal Action

As polls show an overwhelming majority of Americans oppose the health care overhaul legislation signed into law by President Obama, several states have taken legal action challenging the constitutionality of mandated health insurance.

In a letter to Arkansas Attorney General Dustin McDaniel, U.S. Representative John Boozman (R-AR) urged similar legal action. "I support improving and reforming our health care system. However, I believe that this particular reform is steeped in legal issues that must be raised," Boozman wrote in the letter.

The following is the full text of the letter:

I am writing to respectfully request the State of Arkansas take the necessary steps to either file or join a suit to challenge the constitutionality of Public Law 111-148, otherwise known as the "Patient Protection and Affordable Care Act." While I recognize the importance of health care reform and believe that all Americans deserve access to quality and affordable health care, it is my belief that this law represents an unconstitutional overreach of authority.

For the first time in history, the federal government is requiring individuals to purchase health insurance or face a financial penalty. Not only is this federal mandate unprecedented, but I believe it is also a violation of Congressional authority deserving of judicial review.

As the Attorney General for the State of Arkansas, I know you are committed to protecting and defending the interests of all Arkansans. I can assure you that the constitutional rights of each citizen are under attack and in no way would a lawsuit on their behalf lack merit or be considered frivolous. These constitutional concerns are real.

I urge you to consider joining the fourteen states, led by both Democrats and Republicans, who are currently pursuing judicial review and another twenty states who are considering similar action. Such broad and bipartisan efforts indicate that there may be a true need for your reconsideration in this matter.

Again, I support improving and reforming our health care system. However, I believe that this particular reform is steeped in legal issues that must be raised. I appreciate your attention to this matter. Should you have any questions, please do not hesitate to contact me.

Boozman is committed to working on legislation that not only repeals the health care reform bill signed by President Obama but replaces it with a better bill. Boozman signed The Club for Growth pledge to repeal the legislation and he is a cosponsor of H.R. 4904 which repeals the Patient Protection and Affordable Care Act.


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