Judges strike down Arizona’s anti-Obamacare constitutional provision

President Obama signing the Patient Protection and Affordable Care Act on March 23, 2010./ Wikipedia
President Obama signing the Patient Protection and Affordable Care Act on March 23, 2010./ Wikipedia

By Howard Fischer | Capitol Media Services/Arizona Capitol Times

The provision of a 2010 voter-approved measure saying Arizonans don’t have to buy health insurance is unenforceable because it conflicts with the federal Affordable Care Act, a federal appeals court ruled Thursday.

A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected claims brought on behalf of an Arizona resident by the Goldwater Institute that the state constitutional amendment provides protections for Arizonans from the federal directive. The judges also said language in the Arizona amendment prohibiting fines for those who refuse to buy the mandated coverage is similarly unenforceable.

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If you’d like to discuss employment or health care law, contact David Weissman, dweissman@roselawgroup.com

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