TEXAS. - On Monday, Texas governor Rick Perry in a letter to Kathleen Sebelius, Secretary of the Health and Human Services declared that he will not implement two key aspects of the Affordable Healthcare Act that was recently upheld by the Supreme Court as constitutional.
"I will not be party to socializing healthcare and bankrupting my state in direct contradiction to our Constitution and our founding principles of limited government...I stand proudly with the growing chorus of governors who reject the Obamacare power grab. Neither a 'state' exchange nor the expansion of Medicaid under this program would result in better 'patient protection' or in more 'affordable care.' They would only make Texas a mere appendage of the federal government when it comes to health care," as published on Yahoo News.
According to Perry, he will not create a state-run health insurance exchange nor does he plan on expanding Medicaid. The two provisions are integral aspects of the bill. Technically, if states refuse to implement or enforce the federal law, the central government can impose the exchange itself.
Last month, in the most awaited decision of the year, the Supreme Court ruled to uphold the most controversial part of the healthcare plan. The individual mandate clause, which requires every American to have healthcare or incur a financial penalty, was upheld as being within the constitutional authority of the federal government to impose taxes. The Affordable Healthcare Act aka Obama care was upheld in a 5-4 vote.
Justice John Roberts provided the tie-break vote. Roberts vote does in deed surprise, since he is known to be a conservative judge appointed by former President George Bush in 2005. Roberts stated that since there was sufficient precedence establishing the federal government's powers in tax-measures and interstate commerce, the individual mandate clause was perfectly constitutional.
Justice Roberts joined the four liberal Justices - Stephen Breyer, Ruth bader Ginsburg, Elena Kagan and Sonia Sotomayor in providing the majority to pass the bill.
Justice Anthony Kennedy, who was expected to be the swing vote, voted against the mandate.
