A taxpayer lawsuit to enjoin (stop) state expenditures for implementing the Patient Protection and Affordable Care Act (PPACA a.k.a. Obamacare) now that the federal statute has been declared unconstitutional.
2. What are the basic allegations of your suit?
a. Texas has judicially admitted that the PPACA is unconstitutional.
b. A federal judge in Florida has agreed and declared the provision requiring individuals to purchase
insurance unconstitutional, which is not severable; therefore, the whole Act is unconstitutional.
c. Texas should stop spending anything on implementation including more than two billion more on
Medicaid in 2013.
d. Taxpayers can sue to stop future illegal spending in Texas, but they cannot get the money back
once it is spent. That is why we filed suit now.
3. Can other states do this?
Yes, if their courts allow taxpayer standing to prevent illegal expenditures.
4. How much is at stake?
At least two billion dollars. See Tex. Senate Comm. on Health and Human Services Interim Report
to the 82nd Legislature, Dec. 2010, available at http://www.senate.state.tx.us.75r.senate/commit/c610/c610.InterimReport81.pdf.
5. Where does the suit go next?
The State has about three weeks to file an answer, then we begin discovery and hearings,
6. Can the legislature make this suit moot?
Yes, if they refuse to appropriate money to implement the law.
7. What should the courts do?
Preserve the status quo, which is the current level of spending, and current law until the Supreme
Court decides on constitutionality. No reduction in current aid is required by this suit.
8. Shouldn’t we go ahead and spend billions while we wait to see if the law is finally
determined to be constitutional?
No. Now that the presumption of constitutionality is gone, the status quo should be preserved.
We believe the Supreme Court will uphold the law’s unconstitutionality, but regardless of one’s
opinion, prudence dictates not spending money once it has been declared unconstitutional.
9. Who are the Plaintiffs?
Plaintiff JoAnn Fleming is a citizen of the United States and the State of Texas, a resident of
Smith County, Texas, and a taxpayer of the State of Texas. Plaintiff Grassroots America–We
the People is a non-profit entity duly organized in the State of Texas, dedicated to limiting
government to its constitutional and legal duties, function, and expenditures, and is comprised
primarily of taxpayers who are citizens of the State of Texas. Grassroots America — We the
People is a non-profit, non-partisan, conservative group of citizen activists. The foundation of
Grassroots America – We the People is based upon the Judeo-Christian Founding Principles
of this nation and the freedom and protection of individual rights as guaranteed to citizens by
the United States Constitution. Plaintiffs believe that the principles of individual freedom, personal
responsibility, limited government, rule of law, free enterprise, virtuous citizenship, and economic
opportunity for all citizens – regardless of race, creed, or color – are best suited to preserve our
nation as it was founded.