Health Care

“Given the far-reaching impact of the federal healthcare law on every Georgia citizen as well as the critical constitutional implications of its requirements, it is important that Georgia’s interests are protected at all stages of the litigation.” --Attorney General Sam Olens

Subsequent to the passage of The Patient Protection and Affordable Care Act (Act) in 2010, 20 states joined Florida in filing a federal lawsuit challenging the constitutionality of the bill, with Georgia joining in the name of the Governor's office. Following his swearing-in in January, 2011, Attorney General Olens amended Georgia's filing, adding the Georgia Office of the Attorney General to the lawsuit. Iowa, Ohio, Kansas, Maine, Wisconsin and Wyoming also joined the lawsuit, bringing the total number of states which are party to the Florida litigation to 26, along with National Federation of Independent Business (NFIB). [1]

On August 12, 2011, the 11th Circuit Court of Appeals struck down as unconstitutional the requirement by the federal health care law that individuals must purchase health insurance, otherwise known as the individual mandate. While the 11th Circuit did not strike down the entire Act, proponents of the federal health care reform law have recognized that the individual mandate is the linchpin of the law. Prior to the 11th Circuit ruling, federal district judge Roger Vinson, struck down the entire Act as unconstitutional.

On September 28, 2011, both Georgia, along with the multi-state coalition, and the Obama Administration filed separate petitions asking the U.S. Supreme Court to review the constitutionality of the federal healthcare law. Recognizing the constitutional magnitude of the case, the Court announced that it will review whether the individual mandate exceeds the limited powers of Congress; whether the individual mandate, if unconstitutional, can be struck down on its own or whether the whole law must fall; whether the federally-mandated expansion of Medicaid exceeds Congress's power under the Spending Clause of the Constitution; and whether the Anti-Injunction Act affects the Court's jurisdiction to hear the challenge to the individual mandate. Oral arguments are expected to take place this spring.

January 18, 2011 Press Release

January 31, 2011 Press Release

March 3, 2011 Statement

States' 11th Circuit Brief

August 12, 2011 Joint Statement by Governor Deal and Attorney General Olens

September 28, 2011 Statement by Attorney General Olens and States' Petition

Novermber 14, 2011 Statement by Attorney General Olens

[1] The states that are now party to the litigation in Florida are: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming.