Coons v. Geithner
Encyclopedia
Coons v. Geithner is a lawsuit filed on August 12, 2010 by the Goldwater Institute
against the Patient Protection and Affordable Care Act
legislation passed in March 2010.
, Secretary of the Treasury Timothy Geithner, Secretary of Health and Human Services Kathleen Sebelius
and Attorney General of the United States Eric Holder
. The Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation is representing Tempe, Arizona
resident Nick Coons, 30 Arizona
state lawmakers, and members of the House of Representatives
Jeff Flake
, Trent Franks
, and John Shadegg
. In justifying the need for such a lawsuit, the Goldwater Institute argues President Obama’s health care legislation represents an expansion of federal power in medicine, the likes of which has not taken place since the creation of Medicaid
and Medicare
.
The Goldwater Institute believes this lawsuit distinguishes itself from others filed across the country in that it unites the most effective arguments from lawsuits already filed by the states of Virginia
and Florida
with further claims. According to the Goldwater Institute, these additional claims are “based on the separation of powers
, the right to medical autonomy and privacy, and the First Amendment
.” The suit claims that the lead plaintiff, Nick Coons of Tempe, will have his right to medical privacy violated by the legislation. The legislation would compel Coons to disclose medical records that could be accessed by the federal government without Coons’ approval. Additionally, in 2014, Coons would face fines if he did not purchase a federally-approved health care plan.
One specific target of the lawsuit is the Independent Payment Advisory Board
, which is a new agency created by the health care bill. According to the Goldwater Institute, the board “will be able to dictate how much doctors can charge for medical care, how insurance companies will pay for it, and when patients can get access to cutting-edge treatments.” Because these decisions cannot be reviewed by Congress nor the courts, the lawsuit claims the separation of powers doctrine is violated as a result of the health care legislation.
In addition, 30 Arizona lawmakers have joined the suit because they believe the bill violates their First Amendment rights to cast votes for the benefit of their constituents. For example, in 2010, the Arizona Legislature sought to reduce the state’s budget deficits by voting to reduce state funding for Medicaid. However, after the federal health care bill was passed, the Legislature had to restore all state funding for Medicaid or Arizona would have lost $7 billion in federal funding.
Arizona State Representative Kyrsten Sinema
, a Democrat
from Phoenix
, a member of President Obama's White House Health Reform Task Force, opposes Goldwater's legal challenges to the legislation. Sinema believes the provision in the law which set up a board largely excluded from congressional review did not violate separation of powers as the suit claims.
The Goldwater Institute has launched a special fundraising
campaign in order to help cover the costs of the lawsuit.
Goldwater Institute
The Goldwater Institute is a Phoenix, Arizona-based conservative public policy research organization established in 1988. The president is Darcy A. Olsen. The Goldwater Institute advances public policies with emphasis on lower taxes, limited government spending, school choice, and a reduction in...
against the Patient Protection and Affordable Care Act
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...
legislation passed in March 2010.
Background of the case
The suit aims to prevent the bill from taking effect, and names as defendants four high-ranking officials within the federal government, -- President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, Secretary of the Treasury Timothy Geithner, Secretary of Health and Human Services Kathleen Sebelius
Kathleen Sebelius
Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors...
and Attorney General of the United States Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
. The Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation is representing Tempe, Arizona
Tempe, Arizona
Tempe is a city in Maricopa County, Arizona, USA, with the Census Bureau reporting a 2010 population of 161,719. The city is named after the Vale of Tempe in Greece. Tempe is located in the East Valley section of metropolitan Phoenix; it is bordered by Phoenix and Guadalupe on the west, Scottsdale...
resident Nick Coons, 30 Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
state lawmakers, and members of the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Jeff Flake
Jeff Flake
Jeffrey Lane "Jeff" Flake is the U.S. Representative for , serving since 2001. He is a member of the Republican Party. He was featured in the documentary series How Democracy Works Now: Twelve Stories....
, Trent Franks
Trent Franks
Trent Franks is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district takes in the entire northwestern corner of the state, including Kingman and Lake Havasu City, but most of its vote is cast in the western Phoenix suburbs.-Early life, education and...
, and John Shadegg
John Shadegg
John Barden Shadegg is the former U.S. Representative for , serving from 1995 until 2011. He is a member of the Republican Party.The district, numbered as the 4th District before the 2000 Census, includes much of northern Phoenix....
. In justifying the need for such a lawsuit, the Goldwater Institute argues President Obama’s health care legislation represents an expansion of federal power in medicine, the likes of which has not taken place since the creation of Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
and Medicare
Medicare (United States)
Medicare is a social insurance program administered by the United States government, providing health insurance coverage to people who are aged 65 and over; to those who are under 65 and are permanently physically disabled or who have a congenital physical disability; or to those who meet other...
.
The Goldwater Institute believes this lawsuit distinguishes itself from others filed across the country in that it unites the most effective arguments from lawsuits already filed by the states of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
and Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
with further claims. According to the Goldwater Institute, these additional claims are “based on the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, the right to medical autonomy and privacy, and the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.” The suit claims that the lead plaintiff, Nick Coons of Tempe, will have his right to medical privacy violated by the legislation. The legislation would compel Coons to disclose medical records that could be accessed by the federal government without Coons’ approval. Additionally, in 2014, Coons would face fines if he did not purchase a federally-approved health care plan.
One specific target of the lawsuit is the Independent Payment Advisory Board
Independent Payment Advisory Board
The Independent Payment Advisory Board, or IPAB, is a fifteen-member, unelected United States Government agency created in 2010 by sections 3403 and 10320 of the Patient Protection and Affordable Care Act which has the explicit task of reducing the rate of growth in Medicare without affecting...
, which is a new agency created by the health care bill. According to the Goldwater Institute, the board “will be able to dictate how much doctors can charge for medical care, how insurance companies will pay for it, and when patients can get access to cutting-edge treatments.” Because these decisions cannot be reviewed by Congress nor the courts, the lawsuit claims the separation of powers doctrine is violated as a result of the health care legislation.
In addition, 30 Arizona lawmakers have joined the suit because they believe the bill violates their First Amendment rights to cast votes for the benefit of their constituents. For example, in 2010, the Arizona Legislature sought to reduce the state’s budget deficits by voting to reduce state funding for Medicaid. However, after the federal health care bill was passed, the Legislature had to restore all state funding for Medicaid or Arizona would have lost $7 billion in federal funding.
Arizona State Representative Kyrsten Sinema
Kyrsten Sinema
Kyrsten Sinema is a Democratic member of the Arizona State Senate, where she represents the 15th district. She previously served three terms in the Arizona House of Representatives from January 2005 to January 2011.-Early life and career:...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Phoenix
Phoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
, a member of President Obama's White House Health Reform Task Force, opposes Goldwater's legal challenges to the legislation. Sinema believes the provision in the law which set up a board largely excluded from congressional review did not violate separation of powers as the suit claims.
The Goldwater Institute has launched a special fundraising
Fundraising
Fundraising or fund raising is the process of soliciting and gathering voluntary contributions as money or other resources, by requesting donations from individuals, businesses, charitable foundations, or governmental agencies...
campaign in order to help cover the costs of the lawsuit.
Case timeline
- August 12, 2010: Goldwater Institute files suit in federal court against President Obama's federal health care bill.
- August 16, 2010: G. Murray SnowG. Murray SnowG. Murray Snow is a District Judge for the United States District Court for the District of Arizona.-Early life and education:Snow was born in Boulder City, Nevada. He received a Bachelor of Arts degree from Brigham Young University in 1984. He received a Juris Doctor degree from J...
, United States federal judgeUnited States federal judgeIn the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
is assigned the case. - November 16, 2010: Goldwater Institute files Motion for Preliminary Injunction.