NFIB to 11th Circuit: Individual Mandate Unconstitutional

Atlanta, June 8, 2011Karen Harned, executive director, National Federation of Independent Business (NFIB) Small Business Legal Center, and Mike Carvin, counsel to NFIB, issued the following statements after the oral arguments for the 11th Circuit:

“Today is a great day for small-business owners and for all Americans who believe in the individual right to determine the time and circumstances under which they will enter the health insurance marketplace,” said Karen Harned.

“NFIB and its co-plaintiffs challenged PPACA because it wrongly imposes a mandate to purchase insurance—Congress has no right to regulate inactivity by individuals who are not participating in commerce,” added Mike Carvin. “If Congress is allowed to regulate such inactivity simply because doing so will benefit other individuals who are voluntarily participating in commerce, then there will be no limits on the reach of federal power.”

Harned concluded: “We are confident that our side will ultimately prevail in this case; the arguments presented by our attorneys are grounded in the law. NFIB and its membership believe that the Court should strike down the health care law and that Congress should start over with health care reforms that will actually help small businesses, not walk all over them.”

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NFIB is the nation’s leading small business association, with offices in Washington, D.C., and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information is available online at www.NFIB.com/newsroom.

District needs schooling in Arizona election law

by Christina Kohn
Goldwater Institute

If school districts were graded on respect for laws governing taxpayer elections, the Cave Creek School District would flunk. Its latest transgression involves a May 19 press release about a school district budget override election that the district posted on its website. This release raises serious concerns about the district’s compliance with a state law that bans the use of school district resources to influence the outcome of elections.

A couple weeks ago, the Goldwater Institute sent a letter to the district urging it to withdraw the press release which prominently features comments from the ballot committee LearnYes.org, which is campaigning in support of and fundraising for the district’s November budget override election. Attorney General guidelines specifically prohibit the use of district-sponsored web pages to sway election outcomes.

Just a few years ago, the district’s conduct elicited concerns from the Maricopa County Attorney after similar documents in support of a budget override and bond election were posted on its website. At that time, the district agreed to remove the documents and send all of its board members to a training class on unlawful political activities.

Apparently the lesson didn’t stick. The new press release attempts to skirt the law by directing readers to LearnYes.org’s website, whose homepage implores visitors to “vote yes” on the override.

The district is no stranger to bending the laws governing school-related elections. In April, the Goldwater Institute sued the district, challenging its decision to redirect bond money from voter-selected projects to projects school board members prefer. This school district needs to stop bending the rules and start respecting state law and district taxpayers.

Christina Kohn is an attorney with the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Learn More:

Cave Creek Unified School District: CCUSD Board to Vote on Approval of Override Election

Arizona Republic: Cave Creek district will seek November override

Goldwater Institute: Friedman v. Cave Creek Unified School District