LEXINGTON, Ky. – Americans instinctively turn to Washington D.C. for solutions to their problems.
Take the Patient Protection and Affordable Care Act. As the Obama administration pushed toward implementation of the national health care program, opponents pleaded with their representatives and senators in Congress to repeal or defund it. They marched to D.C. in protest. They held their breaths right up until the moment the Supreme Court let them down. And then they tried desperately to find new angles for lawsuits.
Yet implementation keeps right on moving forward.
Some activists have recognized the futility of stopping the PPACA through D.C. and continue to battle at the state level. Kentucky Tea Party activist David Adams stands among these warriors fighting to cut off implementation of Obamacare at the root.
In July 2012, Kentucky Gov. Steve Beshear issued an executive order beginning the process of setting up the PPACA insurance exchange in the state. Adams was astute enough to know that this unilateral move violates state law.
Beshear cited KRS 12.028 as his authority for creating the exchange. This statute permits the governor to create “new government entities” by proposing them to the General Assembly “for its approval.”
But the governor never got that legislative approval.
“Governor Beshear was clearly implementing ACA while saying publicly that he was only thinking about it. When he released his executive order in July 2012, I was ready and started working on the first lawsuit,” Adams said.
He filed that suit in April of this year. Then in May, Adams filed a second suit to halt Medicaid expansion in Kentucky, arguing “Governor Beshear does not possess the authority to unilaterally accept the optional Medicaid expansion under (the federal Affordable Care Act) or under any circumstances without proper legislative approval.”
Adams said Medicaid expansion was only slightly more difficult to anticipate.
“We are a poor state and corrupt compared to most other states. We have no business playing this game. I have been preparing for this kind of thing since Kentucky’s brush with HillaryCare in 1994, so I was ready and highly motivated.”
Kentucky was one of just 17 states opting to create its own exchange. Twenty-one states washed their hands of it, putting the onus on the federal government to set up and run the insurances exchanges. Obamacare was predicated on state cooperation. The large number of states refusing to get involved will certainly make establishment of a national health care system more difficult and could prove a major impediment. If Adams finds success, Kentucky will join the ranks of those states not lifting a finger to help the feds establish Obamacare.
Adams said it was imperative that states do all they can to thwart implementation of the costly and onerous program.
“The game from the federal perspective is to throw a little money at the states to get their politicians through an election or two, and then let them get buried in excessive costs to keep the federal takeover going,” he said. “Playing along is very stupid for any state, and Kentucky is one of the least capable of playing. We are literally teetering on the edge of our insolvency problems causing us real harm. So, the stakes for going blindly into a mess like this are very high.”
Adams acknowledged the difficulty of getting anything done in D.C., but said he remains optimistic that grassroots action at the state level can have effect and ultimately stop the unconstitutional PPACA.
“Shooting at the top is the big home run any activist is looking for, but the real action is local. The resistance is much less and you are far more likely to encounter paper tigers who growl a little and then fold up under sustained pressure. The feds have too many barriers to hide behind. Keep it local and keep chipping away. You may just surprise yourself with how effective you can be,” he said.
But fighting the battle at the state level can prove exhausting and takes perseverance. Adams said he battles on because he feels an obligation to stand up and make a difference. Somebody has to do it.
“Very few people have the interest or the staying power to light a fire under politicians and keep it lit,” he said. “I shudder when I think that if I didn’t do anything on ObamaCare in Kentucky, then no one would have.”
Adams tenacity and passion offers a poignant lesson for other Americans concerned about the direction of the country. He exemplifies what one person can do when they determine to stand up and make a difference.
“Dig around till you find something you know you are right about and when you start getting flack, bear down on them because you are almost there,” he said. “I’m not ready to take a victory lap yet, but the easy lesson to take in the early going is that if something doesn’t sound right in your government you should check it out. Bureaucrats hate good questions. When you are getting lots of rolling eyes and heavy sighs, you know you are getting warm. When they start attacking you, you are on to something. Just keep after it till you get to the truth.”
You can follow the progress of the lawsuit and get more information HERE.
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