And Oklahoma Makes it 28…

January 21, 2011 ( – Oklahoma made it official today, becoming the 28th state to challenge the constitutionality of the health care reform legislation. 


In a press release Oklahoma Attorney General E. Scott Pruitt said the lawsuit will enhance the collective efforts of the majority of states suing the federal government because it contains strengthened arguments against the independent mandate in response to shifting legal strategy by the federal government. “It further includes allegations that focus on the non-severability of the health care act, which would find the entire act to be invalid if any part is held to be unconstitutional,” according to the announcement.  Pruitt had earlier announced that the Sooner State planned to challenge the Patient Protection and Affordable Care Act (PPACA), but filing its own, separate challenge (see Sooner State Takes on PPACA Individual Mandate – Alone).  

By doing so, Pruitt said that the state adds another circuit of the federal court system considering arguments on the constitutionality of the act. “This enhances the reasons for the U.S. Supreme Court to expedite a hearing on the issue,” according to the announcement.  “I deeply respect the efforts of General Pam Bondi, and the other Attorneys General involved in the Florida litigation as well as the efforts of General Ken Cuccinelli in Virginia,” Pruitt said. “I am confident with our collective efforts we will prevail.” 

“We have an advantage of learning from the arguments the federal government put forth in the legal proceedings with Virginia and Florida, which allows Oklahoma to enhance the strategy used by those respective states. We did this to address the federal government’s citing of the Necessary and Proper Clause to justify the individual mandate, even though any use of the clause must be consistent with both ‘the letter and spirit’ of the Constitution, which this act is not,” Pruitt said. “We also have included robust allegations that seek to have the entire act stricken by addressing the non-severability of the law.” 

Additionally, the announcement said that the lawsuit will defend Oklahoma’s recent passage of the Oklahoma Health Care Freedom Amendment, which amended the state Constitution to say that Oklahomans cannot be required to purchase individual health care coverage.  

“Again, there is great clarity for me on the necessary and urgent need to exercise my responsibility to defend Oklahoma’s Constitution against a federal law that requires our state’s citizens to purchase a product or face penalties from the federal government,” Pruitt said. “In November, Oklahoma voters made clear their belief that the federal government, in this instance, has overreached its power and authority.” 

“By voting to pass State Question 756 by an overwhelming margin, the people of Oklahoma made it clear that a federally enforced mandate to purchase health insurance is both undesirable and unconstitutional,” Governor Mary Fallin said. “Furthermore, President Obama’s health care plan would cost the state hundreds of millions of dollars in the middle of a severe budget crisis. I am proud that Oklahoma can now be counted among the states standing up for constitutional rights and opposing a law that is harmful to both our economy and to the health of our citizens.” 

Pruitt added that Oklahoma’s recently approved Oklahoma Health Care Freedom Amendment and the federal health care act cannot coexist, and that federal preemption does not apply when a federal law is deemed unconstitutional.  As such, he commented on his obligation to defend the Oklahoma law, “The most logical way to defend our state Constitution is in an Oklahoma federal court, not in another state,” Pruitt said. 

The Oklahoma lawsuit will be handled by internal staff in the Attorney General’s office, according to the announcement.  The complaint is available online at