Coons v. Geithner

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.

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 Obama, 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.^[1]

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.”^[2] 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.^[3] Additionally, in 2014, Coons would face fines if he did not purchase a federally-approved health care plan.^[4]

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.”^[1] 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.^[1]

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.^[5]

The Goldwater Institute has launched a special fundraising campaign in order to help cover the costs of the lawsuit.^[2]

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 Snow, United States federal judge is assigned the case.
• November 16, 2010: Goldwater Institute files Motion for Preliminary Injunction.

References

1. ^ ^{a b c} "Coons v. Geithner (federal health care lawsuit)". Goldwater Institute. http://www.goldwaterinstitute.org/coonsvgeithner. Retrieved 8 September 2010. 
2. ^ ^{a b} "Help Challenge the Health Care Bill". Goldwater Institute. http://goldwaterinstitute.org/donate/fundraiser.php. Retrieved 8 September 2010. 
3. ^ "New lawsuit challenges health care reform", News 92.3 KTAR, August 12, 2010.
4. ^ "Goldwater Institute files lawsuit against Obamacare", East Valley Tribune, August 12, 2010.
5. ^ Náñez, Dianna M. "Salon Owner Fights Arizona To Restore Fish Pedicures", Arizona Republic, August 12, 2010.