Oklahoma Voters To Decide Whether State Will ‘Opt Out’ of Federal Health Care

[The Northerner]

The sponsors of the legislation say it will let voters decide if they want to amend the state Constitution to prohibit Oklahomans from being forced to participate in the federal health care law. The sponsors say the amendment would exempt state residents from being penalized for failing to purchase health insurance.

Opponents say Oklahoma can't pick and choose which federal laws it obeys, so passing it would set the state up for an expensive legal battle it can't win. But supporters say they're on firm legal ground, because they believe the federal law is unconstitutional.

J.W. Berry founded a Tea Party chapter and helped lobby lawmakers write the opt-out measure that was passed Tuesday.

The amendment would also allow doctors to continue to accept direct payment. If voters approve it, the measure would avoid a possible veto by the Governor.

"So we basically got the people's houses, the Senate and House of Representatives to pass this and get it on the ballot so we can bypass Governor Henry," Berry said. "He can't veto this, this comes right to the people."

On the other hand, Mark Manley of Moveon.org says regardless of your opinion, a health care opt-out simply won't hold up in court.

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