T-Paw v. ObamaCare
by Mark Halperin, TIME Magazine, August 31, 2010
Minn. Guv to bat back at health overhaul with executive order.
HALPERIN'S TAKE: This is a classic Pawlenty move that combines... ...governing principle with clever 2012 positioning. Leaving aside now the substantive merits of the Minnesota governor's executive order, barring some huge development, opposition to ObamaCare will be one of THE animating battles of the war for the Republican nomination. Pawlenty's move allows him to argue that he stood on the frontlines as an elected official and tried to thwart the law through aggressive means. And it allows him to stoke the contrast he and his strategists most want to make with Mitt Romney, whose support for a similar health care measure in Massachusetts continues to bedevil him with many Republicans.
Pawlenty orders state agencies to decline "discretionary" federal health care cash
by Rachel E. Stassen-Berger, Star Tribune, August 31, 2010 1:33 PM CT
Republican Gov. Tim Pawlenty Tuesday ordered all state agencies to not to submit applications to any health care funding from the federal government related to the health care overhaul.
Any applications must be either required by law or approved by the governor's office.
Pawlenty, who appears to be gearing up for a run for president in 2012, has long decried the health care overhaul, which opponents call Obamacare, and has pledged to join a lawsuit to undo it.
“Obamacare is an intrusion by the federal government into personal health care matters and it’s an explosion of federal spending that does nothing to make health care more affordable,” Pawlenty said in a news release.
Here's the executive order:
EXECUTIVE ORDER 10-12
DIRECTING STATE DEPARTMENTS AND AGENCIES
REGARDING DISCRETIONARY PARTICIPATION
IN THE FEDERAL HEALTH CARE LAW
I, TIM PAWLENTY, GOVERNOR OF THE STATE OF MINNESOTA, by virtue of the authority vested in me by the Constitution and applicable laws do hereby issue this executive order:
WHEREAS, the Patient Protection and Affordable Care Act (“PPACA” or “the Act”) (Pub.L. 111-148) was signed into law by President Barack Obama on March 23, 2010; and
WHEREAS, the Act represents a dramatic attempt to assert federal command and control over this country’s health care system, which accounts for one-sixth of our nation’s economy, thereby reducing individual freedom for health care decisions; and
WHEREAS, the Act includes unprecedented federal intrusions into individual liberty, including the mandate that individual citizens are compelled to purchase health insurance under penalty of law; and
WHEREAS, the Act was passed with massive new spending commitments at a time when the growing federal government debt threatens private sector economic growth; and
WHEREAS, the revenue to pay for the Act is based on increased taxes and fees coupled with unrealistic assumptions regarding purported future cost-savings; and
WHEREAS, this legislation includes a multitude of programs and demonstration projects intended to speed the transition to federally-controlled health care; and
WHEREAS, pursuant to Laws of Minnesota 2010, 1st Special Session, Chapter 1 (Special Session Chapter 1) my Administration has determined Minnesota will not participate in the early expansion of the Medicaid entitlement program offered by the federal government as part of the legislation; and
WHEREAS, consistent with this determination and in recognition of my obligations to protect Minnesota’s sovereign interests and those of its citizens, the boundary between state and federal government must be maintained to prevent an unwise and unsustainable federal takeover of health care in our State.
NOW, THEREFORE, I hereby order that:
All executive branch departments and agencies are directed that no application shall be submitted to the federal government in connection with requests for grant funding for programs and demonstration projects deriving from the Patient Protection and Affordable Care Act (“PPACA” or “the Act”) (Pub.L. 111-148) unless otherwise required by law, or approved by the office of the Governor.
Pursuant to Minnesota Statutes 2009, section 4.035, subdivision 2, this Executive Order will be effective fifteen (15) days after publication in the State Register and filing with the Secretary of State and will remain in effect in accordance with Minnesota Statutes 2009, section 4.035, subdivision 3.
IN TESTIMONY WHEREOF, I have set my hand this 31st day of August, 2010.
T-Paw v. ObamaCare