Josiah Bartlett Center Applauds JUA Decision

Upholds Contract Rights in New Hampshire

For more information, contact: Charlie Arlinghaus (603) 491-1991

(CONCORD)  The Josiah Bartlett Center for Public Policy today applauded the New Hampshire Supreme Court's decision in Tuttle v New Hampshire, which blocked the state's effort to confiscate $110 million in surplus medical malpractice premiums.

"The lawsuit over the government's raid on a medical malpractice fund was fundamentally about property and contract rights. The state may not abridge a contract merely because it needs the money," argued Charlie Arlinghaus, President of the Josiah Bartlett Center. "Today's decision may have budget implications but it is not about the state budget. It is about whether the state can abrogate a contract just because it finds itself in a pickle. In today's battle of people versus an overreaching government, the people won."

Arlinghaus highlighted the key sentence from the 47-page decision:

"Because we find that the Act constitutes a retrospective law that results in impairment of contract rights in violation of the New Hampshire Constitution, we affirm."