When the topic is protecting liberty and the headline reads, “Even in Illinois but not in Arizona,” we’re in trouble. Indeed, while even the Democrat-controlled legislature in President Obama’s adopted home state of Illinois said no to establishing an insurance exchange to facilitate the federal health care law, Arizona is moving full steam ahead with its exchange and is using more than $30 million in federal tax dollars to do so.

While exchange supporters euphemistically refer to exchanges as “marketplaces,” exchanges are in fact government-sanctioned, invitation-only clubs where only government-approved insurance companies can sell government-approved insurance. No wonder big insurance companies are lobbying so hard for an Arizona exchange and want them to stand even if the President’s health care law is struck down by the Supreme Court in June – they want to make sure they get an invitation to the party so that they can monopolize the market now and forever. Bloomberg News reported just last week that insurance companies stand to gain billions in revenue over the next seven years from the President’s health care law.

While exchanges will benefit the big insurance companies and bureaucrats who will get jobs, the Arizona taxpayers will be stuck paying the bill. At a Senate hearing last November, Arizona’s exchange director, who previously worked for the very insurance lobby that advocated for the passage of the President’s health care law, said he could not answer the question of how much the exchange will costs taxpayers until it was up and running. We do know the Massachusetts exchange costs taxpayers in that state $60 million a year.

Last fall, the Goldwater Institute sent a public records request to the Governor’s office to find out how much the state is spending on the exchange, including specific requests for the payroll records of all state employees who have worked on the exchange since its inception in March 2010. The response was a mere 33 pages of undated, redacted records, most of which are indecipherable. What little is visible indicates that in addition to paying salaries of some unknown amount, tax dollars are paying for exchange employees’ food, lodging and travel. This non-response appears to be a violation of Arizona public records law and we hope the Governor’s office will soon make a full and transparent disclosure of these records.

States are not required to establish exchanges and Arizona should say no. Instead, it is entrenching the federal health care law, along with a new government bureaucracy and the special interests that go along with it.

Diane Cohen is a senior attorney with the Goldwater Institute.

Learn More:

Goldwater Institute: States Must Protect the Health Care Freedom of their Citizens by Saying No to Federal Health Care Insurance Exchanges

Arizona Governor’s Office: Payroll Records (PDF)

Bloomberg: Insurers face $1 Trillion in Revenue at Stake in Health Law

This week Ron Barber continued to try to deceive voters about his views on Medicare. Fact is, Barber refuses to support the repeal of ObamaCare, which cuts $500 billion from Medicare and empowers a panel of government bureaucrats to make decisions about seniors’ health care. Since the government healthcare takeover is paid for in part by nearly $200 billion in cuts to Medicare Advantage programs, seniors currently on these plans could find their benefits at risk.

In Arizona, more than 342,000 seniors are enrolled in Medicare Advantage, a program that ObamaCare guts to fund the government takeover of healthcare supported by Barber.

Don’t take our word for it.  Here’s what former Arizona Daily Star political reporter and now spokesperson for the NRCC says about Ron Barber:

“Ron Barber’s policies put seniors at risk. He refuses to support the repeal of ObamaCare, which is the only way to stop Obama and Pelosi’s cuts to Medicare. No wonder Pelosi and Raul ‘Boycott’ Grijalva are backing Barber’s campaign.”

Another week – another Ron Barber.

Barber’s campaign was in an utter state of panic yesterday, attempting to recast the candidate. Unfortunately, the latest Ron Barber needs to reconcile himself with the old Ron Barber. And goodness knows what next week’s Ron Barber will bring.

Let’s take a look:

On Monday, April 23, 2012, Ron Barber said, “I was not in Congress to vote on the Affordable Care Act or the American Recovery and Reinvestment Act, nor did I have any role in shaping that legislation.” 

On February 9, 2012, Ron Barber said, “In terms of differences between myself and the congresswoman there probably aren’t much – there aren’t many. All of the policies and priorities that she has worked with, I’ve been right alongside with her, providing advice when asked and sometimes helping shape those policies through the work we’ve done together… So I’ve been part of that process right alongside with her, and there really isn’t any policy decision that she’s made that I disagree with.” (Tucson Sentinel, 2/9/2012)

Click here to view the embedded video.

“Ron Barber isn’t Marty McFly. He can’t go back in time and change the facts. Southern Arizonans don’t want ObamaCare’s $500 billion cut to Medicare or the $1 trillion in failed stimulus. Ron Barber supports both.” – NRCC Spokesman Daniel Scarpinato

Y = Yes
N = No
NV = Not Voting
EXC = Excused
V = Vacant

AYES: 37   NAYS: 22   NOT VOTING: 1   EXCUSED: 0   VACANT: 0

Thank you to those members of the Arizona Legislature who chose to stand for Life and the Unborn.  Thank you Governor Brewer for the courage to sign this important legislation.

Arizona Women Lead the Pro-Life March to Protect Mother’s Health and Safety

Governor Jan Brewer has signed HB 2036, which prohibits abortion after 20 weeks. The bill, sponsored by Representative Kimberly Yee and supported by Center for Arizona Policy (CAP), is a momentous victory for pro-life advocates in the state.

HB 2036, called “The Mother’s Health and Safety Act”:

• Prohibits abortion after 20 weeks because of the safety risks to the mother and the pain endured by the preborn child.
• Ensures women have an ultrasound at least 24 hours prior to an abortion.
• Establishes an informed consent website which details the facts about fetal development, risks of abortion, and services available.
• Requires doctors performing surgical abortions to have admitting privileges at a hospital within thirty miles of the abortion facility.

“Today, I applaud and thank Gov. Brewer, Representative Kimberly Yee, Senator Nancy Barto and the many strong, pro-life men and women who led the effort to enact this much-needed law,” said Cathi Herrod, President of Center for Arizona Policy. “HB 2036 provides for the health needs of women considering an abortion, ensuring that women have all the information they need when making this life-changing decision. Abortion not only ends the life of a preborn child, but it also seriously endangers the health and safety of women.”

While 7 states have similar laws that prohibit abortion after 20 weeks of a pregnancy, Arizona is the first in the nation to do so because abortion at this late stage presents a much greater risk to maternal health.

In signing this bill, Gov. Brewer has continued her record as the “pro-life Governor.” Since taking office, Gov. Brewer has signed a number of bills that protect women and the preborn, including legislation that requires women have an in-person consultation with a doctor 24 hours before the abortion, prohibits non-doctors from performing abortions, and requires written, notarized parental consent before a minor can have an abortion.

Please take time to email Gov. Jan Brewer to thank her for being our pro-life Governor.

PHOENIX, Ariz., March 27, 2012 — Farrell Quinlan, Arizona state director of the National Federation of Independent Business, the named plaintiff in the landmark lawsuit, NFIB v. Sebelius, said today he’s confident the U.S. Supreme Court will agree with and rule in favor of NFIB, Arizona and 25 other states challenging the constitutionality of ObamaCare.

“When we filed this lawsuit two years ago, some people called it frivolous, and there are plenty of people today who claim it’s doomed to fail, but we’re convinced the Supreme Court will agree, just as lower courts have, that the individual mandate requiring everyone to buy health insurance is unconstitutional,” Quinlan said.

“The issue here is whether Congress can force individuals to buy health insurance,” he said. “Under the health-care law, most people will be required to buy health insurance starting in 2014. If they don’t, they’ll have to pay a penalty.”

In what some media are calling the most significant court case since Brown v. Board of Education in 1954, the U.S. Supreme court yesterday heard the first of three days of oral arguments in NFIB v. Sebelius. Ordinarily, the court allots only one hour for oral arguments, but it’s set aside six hours over the three days to hear the case brought by NFIB, Arizona and 25 other states.

“Congress has no authority to make people buy anything,” Quinlan said. “They can’t force people to buy health insurance the same as they can’t force people to floss their teeth or eat their peas. Despite heroic efforts to obscure this fact, Congress clearly overreached by imposing this health-care law. It’s difficult to think of another case where the federal government’s intrusion into people’s lives has been so blatant and egregious.”

# # #

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.

The survival of our Republic depends on the fate of Obamacare

(PHOENIX, AZ) – The Arizona Republican Party released the following statement on the two-year anniversary of Obamacare:

Two years ago, our Republic took an enormous hit to its Constitution when Barack Hussein Obama signed into law the most intrusive, most costly, freedom crushing entitlement program in our country’s history. That law, Obamacare, was not supported by one single Republican in the US Congress.

Last week, the Congressional Budget Office shocked the nation by revealing that the cost of Obamacare has doubled in cost to a heart-stopping $1.76 Trillion dollars over 10 years! That reality will financially destroy this country.

This election year, in addition to jobs and the economy being the most important issue to voters, the repeal of Obamacare is the single-most important public policy issue driving Americans to the polls. The Arizona Republican Party is working diligently to ensure that the repeal of Obamacare takes place.

Every Republican seeking election in Arizona is committed to repealing Obamacare. “It’s fundamentally inherent to our party position for Republicans to repeal and replace this horrible law with real non-political solutions,” said Republican Party spokesman, Shane Wikfors. “If Republicans fail in this mission it will mean the end of American freedom and prosperity as we know it,” he said.

“This is a matter of life and death – of pure survival,” said Arizona Republican Party Chairman, Tom Morrissey. “This law will either kill this great Republic or Americans must elect a President and Congress who are committed to terminating this law. This is our last chance,” Morrissey remarked.

###

To all Arizona Taxpayers and Health Care Consumers,

As we approach the second anniversary of the Obama-Pelosi-Reid federal government takeover of health care, we must continue to fight for health care freedom.

Those of us who cannot make it to the Hands Off My Health Care Rally in Washington, DC on March 27 have a chance to tell Nancy Pelosi what we think of her health care legislation (now that we all know what’s in it!) this Saturday afternoon, March 24, when Pelosi visits Tempe.

We also have a duty to get the Arizona Legislature to STOP Gov. Jan Brewer from setting up an ObamaCare exchange here in Arizona.

Take Action to STOP ObamaCare in Arizona!

ObamaCare will make health care more expensive and less accessible, and will stifle innovation through huge new tax and regulatory burdens. And ObamaCare will ultimately put all control over health insurance and health care in the hands of Washington bureaucrats.

Unfortunately, Governor Jan Brewer is spending $30 million in federal funds (i.e., your federal tax dollars) to set up an ObamaCare health insurance exchange in Arizona. The exchange is a new bureaucracy that will soon require tens of millions of dollars annually in new surcharges, fees and/or taxes on Arizona families and businesses.

Worse still, the imposition of an ObamaCare exchange here in Arizona may prevent ObamaCare from being repealed. As enacted, ObamaCare is dependent upon state exchanges (such as Gov. Brewer’s exchange) for the distribution of federal subsidies. Once Arizonans become addicted to federal subsidies, ObamaCare will be extremely difficult to repeal.

AFP-Arizona is calling on Arizona’s Legislators sign the Health Care Freedom Pledge and to STOP Governor Brewer from imposing an ObamaCare exchange.

Here is the key text of the Health Care Freedom Pledge:

“I hereby pledge to OPPOSE any bill, regulation, legislation, or executive action that implements President Obama’s health care legislation, including bills that create new bureaucracies that must be funded by new surcharges, fees, or taxes of any kind.”

AFP-Arizona is asking all Arizona Legislators to sign the Pledge by the tenth day after the end of the 2012 legislative session (probably sometime in late April). Legislators who fail to sign the Pledge are leaving the door open to the imposition of an ObamaCare exchange in Arizona–and harming the prospects for the repeal of ObamaCare.

Please use this link to take action to stop ObamaCare in Arizona.

You and your friends, neighbors and co-workers can also take action at our AZ Health Care Freedom page: http://americanhealthcarefreedom.com/who-stands-with-you/

And again, please join us in Tempe on Saturday to give Nancy Pelosi the reception she deserves… (More info at http://tinyurl.com/pelositempe)

To see how the Committee members (and other Legislators) scored on AFP-Arizona’s 2011 Legislative Scorecard, along with cumulative scores for past years, click here.

To learn more about AFP-Arizona’s 2012 Legislative Agenda, and to see how the Health Care Freedom Pledge will be scored on AFP-Arizona’s 2012 Scorecard, click here.

For Liberty, Tom

Tom Jenney
Arizona Director
Americans for Prosperity
www.aztaxpayers.org

Vernon Parker Announces for Congress; Calls on Sen. Sinema and Fellow Candidates to Sign Pledge to Repeal ObamaCare

Tempe, AZ – Today, on the second anniversary of Obamacare, Vernon Parker, joined by campaign Co-Chairman Tempe Mayor Hugh Hallman, announced his candidacy for Arizona’s Ninth Congressional District. At his announcement Parker called on all of his fellow candidates, both Republican and Democrat to join him in pledging to vote for a repeal of Obamacare.

“I was raised by my grandmother and during my early years I saw firsthand the desperation that so many lower income families feel, and came to the realization that the only way to succeed in life is through hard work. It’s a perseverance that my grandmother instilled in me as a young man, through college, law school , in the White House and as Mayor. It’s that tireless perseverance that will allow me to represent the people of Arizona in Congress and to always remember where I came from and what a difference one determined individual can make,” said Parker.

“Today I start the most important journey of my life, to represent the people of Arizona in Congress. We must find common sense solutions to fixing our economy, lowering gas prices, getting our housing market working again and to repealing the disastrous law known as Obamacare,” said Parker. “That’s why I am asking my fellow candidates to join me in pledging to vote for a repeal of Obamacare.”

“I invite the people of Arizona to join me in this struggle and together we can get our country back on track,” concluded Parker.

A copy of the letter sent to all candidates is below.

Vernon Parker previously served in the administrations of both Presidents Bush, and was Mayor of Paradise Valley where he cut spending by 29%, and is currently on the Town Council. Parker is seeking the Republican nomination to Congress from Arizona’s Ninth Congressional District.

###

March 21, 2012

The Honorable Kyrsten Sinema
PO Box 25879

Tempe, AZ 85285

Dear Kyrsten:

As you know, today is the second anniversary of Obamacare, and in a few days’ time the U.S. Supreme Court will hear oral arguments about the legality of the law. It is my sincere hope they do the right thing and overturn the law for its unconstitutional individual mandate provision. However, we must be prepared to take legislative action, and I write to you today to urge you to join me in pledging to the people of Arizona and the ninth Congressional district to repeal this disastrous law.

Nancy Pelosi infamously said, “We have to pass the bill so that you can find out what is in it.” As you know the non-partisan Congressional Budget Office last week reported that the legislation will cause 20 million Americans to lose their employer sponsored coverage, rates for those lucky enough to keep it will rise by more than 10%, and the overall cost of the program more than doubled.

The truth is over 80% of Americans like their existing coverage, and I agree with former Congressman John Shadegg who said it best, “Why don’t the politicians just fix what’s broken—cover those without care and people with pre-existing conditions?” My wife is a cancer survivor, and our family understands how difficult it can be to find affordable health insurance.

President Obama’s plan is the wrong solution to an urgent problem. We can replace this legislation with legislation that improve access and bring down costs. It’s common sense, something that seems to be lacking in Washington, D.C.

As you know the President’s plan adds nearly $2.4 trillion in additional debt to the already massive $14 trillion national debt that has been saddled upon the American people. We can do better than pass these costs onto our children and grandchildren.

It’s also a massive expansion of government creating 159 new government bureaucracies. We can both agree that patients should be in charge of their healthcare, not government bureaucrats.

The law also hurts seniors with a $500 billion cut to Medicare and the elimination of Medicare Advantage. Too many seniors have come to rely on the services they receive and can’t afford to lose them, they deserve better than that.

We can replace this legislation with legislation that improves access and bring down costs. It’s common sense, something that seems to be lacking in Washington, D.C.

Sincerely,

Vernon Parker

Candidate for Congress

Just over a week ago, the House Energy and Commerce Committee approved legislation to repeal the Independent Payment Advisory Board (“IPAB”), and did so in an overwhelmingly bi-partisan fashion. This should come as no surprise because IPAB had bi-partisan opposition before it was enacted as part of the President’s healthcare law in March 2010, and opposition to it has only grown since then. The full House will vote on the measure on Thursday.

IPAB represents the worst of the President’s health care law and has been at the forefront of the Goldwater Institute’s lawsuit challenging the Act. IPAB will be composed of 15 presidentially-appointed, unelected bureaucrats who will have sweeping powers; their decision cannot be reversed by Congress or the courts, and are subject to no meaningful Congressional oversight.

Because IPAB is not required to be bipartisan, President Obama could use his power to make recess appointments, as he has done before. That means he could stack the board entirely with members of his own party, who could then exercise all of the board’s powers. Even worse, while the board is meant to have 15 members, there’s no requirement that it must. The President could give all of this power to just one person by appointing only one board member, or appoint none, in which case his Secretary of Health and Human Services would exercise the power.

IPAB will have the power to dictate whether and how much medical providers can be reimbursed for medical care provided to seniors, which means it can decide not to reimburse for services in any manner it sees fit. That is why IPAB is a rationing board. And despite the law’s prohibition on rationing, that term is not actually defined in the law. “Rationing” will be whatever IPAB says it will be, with no judicial check on its decision.

IPAB is independent all right, but in the worst sense of the word. It is independent of Congress, independent of the judiciary, and independent of the will of the people. Far from representing reform, IPAB will reduce access to and the quality of care for millions of Americans. Call your Representatives and ask them to vote for H.R. 452, the IPAB repeal bill. It is time for Congress to step up and rein in this literally uncontrollable board.

Diane Cohen is a senior attorney for the Goldwater Institute.

Learn more:

House of Representatives’ switchboard: (202) 224-3121

Goldwater Institute: Diane Cohen’s Congressional testimony

Goldwater Institute: Coons v. Geithner

Some state lawmakers committed to striking down the federal takeover of health care – the Patient Protection and Affordable Care Act (“PPACA”) – have moved forward with establishing PPACA insurance exchanges at the same time the United States Supreme Court will be deciding the law’s fate.

Why? The answer we have heard over and over again is that they are establishing PPACA exchanges in their states in order to preserve state control and flexibility over the exchange. However, this answer is refuted by a review of the law.

The President’s health care law says it all: “An Exchange may not establish rules that conflict with or prevent the application of regulations promulgated by the Secretary under this subtitle.” The very language of PPACA makes clear that any so-called state control or flexibility the states think they have is at the mercy of the federal government.

It’s sort of like a retractable leash. You can walk your dog on such a leash and give them some slack to run around, but ultimately, you can pull your dog in at any moment.

Likewise, with PPACA exchanges, as long as the president and his officials are holding the exchange leash, Arizona and other states establishing state exchanges will leave their sovereignty and the liberty of their citizens at the mercy of the federal government.

It makes no sense for a state that is part of the multi-state lawsuit challenging PPACA that is currently before the Supreme Court to both oppose the statute and enforce it at the same time. But beyond being contradictory, PPACA exchanges are detrimental to the fight against the law enabling them. Over the last several weeks court briefs supporting PPACA specifically cite the fact that states are moving forward with exchanges as evidence that exchanges can survive with or without the law’s mandate that all Americans buy insurance.

With oral arguments scheduled in the Supreme Court in late March and a decision expected in June, it is not too late for states like Arizona to reverse course, as Wisconsin did last month, by sending back the federal exchange grant money they have received and stop exchange implementation activities.

Diane Cohen is a senior attorney for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Learn more:

Goldwater Institute: States must protect the health care freedom of their citizens by saying no to federal health insurance exchanges

Goldwater Institute: States damaging their own case with insurance exchange moves

FOR IMMEDIATE PRESS RELEASE

A Panel Discussion: OBAMACARE

Phoenix, AZ – On Wednesday, February 8, 2012, Arizona Mainstream Project (AMP) will bring to the public a panel discussion on Obamacare.  Speaking on this panel will be Goldwater Institute’s Senior Attorney Diane Cohen and Director – Center for Economic Prosperity Byron Schlomach, Dr. Jeff Singer, and former AZ Congressman John Shadegg.  550 KFYI Talk Host Terry Gilberg will be the moderator for the discussion.

Each panel member will share their personal expertise and direct involvement with uncovering the facts about The Affordable Care Act and how it has begun and will continue to negatively impact the lives of ALL Americans.  You will gain a better understanding of this law and how it applies to your access to health care, the current legal battles, and how you can help stop this anti-American and socialistic agenda.

Diane Cohen:

The Affordable Care Act mandated states to establish insurance exchanges by 2014 or have exchanges set up by HHS. These exchanges are nothing more than invitation-only clubs where only government sanctioned insurers can play. They must meet all the federally mandated medical coverages/benefits specified by the Secretary of Health and Human Services. In an effort to preserve some sovereignty, states, even some who opposed the federal healthcare law, including Arizona, are rushing to get federal money to set up these exchanges. Diane Cohen, Senior Attorney, of the Goldwater Institute will refute this notion.  Ms. Cohen has testified before Congress on the Independent Payment Advisory Board (IPAB). She will explain what effect this fifteen-member board of political appointees will have in our future.

Dr. Byron Schlomach:

Byron will discuss how government is at the root of our problems in health care, making it the problem, not the solution. He will show you how our income tax system plays a major role in determining what our health care system looks like and how it operates.

Dr. Jeff Singer:

Dr. Singer will discuss the ways in which “Obamacare” will affect the patient doctor relationship, the relationship of the doctor with the state, the relationship of the patient with the state, the loss of personal autonomy, and the ultimate decrease in quality and rationing of heath care that will inevitably result from “Obamacare.”

John Shadegg:

President Obama promised that the cost of health care would go down and it hasn’t. A recent HHS press release acknowledged that premiums have gone up by as much as 12.8% in the last year after the rates were reviewed by state bureaucrats under the provisions of Obamacare. Obama has also promised that if you liked your health care plan, you could keep it. Yet, we now know that Obamacare mandates will not allow anyone to keep the plan they had. As the nation’s economy struggles, Obamacare increases taxes by 800 billion dollars and crushes jobs. Learn how free market solutions will reform health care in ways that promotes quality and reduces costs for all Americans.

Date: Wednesday, February 8, 2012
Location:  Goldwater Institute Auditorium
Address: 500 E. Coronado Road, Phoenix,  AZ

Time: 6:00 pm – 8:30 pm (doors open at 5:30)

Light snacks and beverages will be served

Cost:  $10.00 per person

To reserve your seat we encourage you to RSVP and purchase tickets in advance

Go to: http://www.arizonamainstreamproject.org/#q=Seminars-18

or send payment to:

Arizona Mainstream Project
15029 N. Thompson Peak Parkway
Suite B-111 Box 589
Scottsdale, AZ 85260

This panel discussion will be STREAMED LIVE from AMP’s website.

A “Live Stream” button will be available on our homepage www.ArizonaMainstreamProject.org on the day of the event.  Follow the instructions to access the live video stream.

Contact: Honey Marques, Executive Director, at 808-283-3661 or honey@arizonamainstreamproject.org

Arizona Mainstream Project is a 501 (c) 3 non-profit charitable grassroots organization whose mission is to attract, educate, and mobilize the people of Arizona around America’s founding principles and leadership. AMP believes in the principles of a constitutionally limited government, free markets, fiscal responsibility, and individual liberty to promote the common good and prosperity for the people of Arizona.

The year – 2004.  The players notorious RINO Arlen Specter vs. conservative Pat Toomey.

“Conservative” (RINO, in fact) Rick Santorum closed ranks behind Specter, resulting in Specter’s win v. conservative Pat Toomey.

Right after Obama won in 2008, particularly when facing a House becoming more conservative in light of the Teaparty and the fight against Obamacare and with the senate lacking a filibuster proof majority, Specter changes parties from R to D, giving the Dems their filibuster 60 seat majority in the Senate. - Thanks to RINO Rick Santorum.

In 2010, Toomey beat Specter after the damage (and bailouts and Obamacare) was done. -      ******No thanks to RINO Rick.

If you like the quality of pharmacy service and choices that TRICARE provides to veterans, don’t get too comfortable with it. It’s beginning to look like that will all change at the start of the year – and not for the better.

Through the end of 2011, Walgreens will provide pharmacy services as part of DOD’s TRICARE pharmacy program. But come January 1st, that will disappear because Express Scripts, Inc. (ESI), the company that manages the service, has a contract dispute with Walgreens and will not negotiate a settlement.

Actually, they will negotiate: my-way-or-the-highway is basically their position.

Walgreens is the largest pharmacy chain in the country. They serve 40 million consumers every week through nearly 8,000 stores nationwide. They have more stores that are open 24 – 7 than any other pharmacy network. And 70% of the U.S. population lives within five miles of a Walgreens.

However, after the first of the year, we won’t have access to that network or services.

Because ESI manages the Defense Department’s TRICARE pharmacy benefit, Walgreens offered a separate contract guaranteeing its prices would match or beat the average costs per prescription with all other retail pharmacies. The company has also committed to keeping the cost per Medicare prescription flat for the next four years. Such cost containment measures could be a real boon to the Federal government, as well as control the prices consumers pay.

Unfortunately, not only has ESI ignored or rejected these proposals, but it has also demanded unacceptable rates and terms from Walgreens. For example, they have demanded rates that are below the average industry cost to fill prescriptions. They also want to dictate which drugs are generic and which are not.

ESI has claimed Walgreens wants to increase prescription reimbursement costs by 20 percent. That is pure malarkey. Walgreens has offered ESI a number of cost-savings that would, in effect, hold the average prescription reimbursement cost increases to less than two percent annually over the course of the three year contract.

In an open letter to vets and active duty military, Walgreens’ CEO said, “We do not wish for military beneficiaries to be ‘in the middle’ of this issue.” Well, we are. Meanwhile, Express Scripts has rejected all efforts to reach an agreement that would keep Walgreens in the TRICARE network of pharmacies.

What can we do about this? Make noise. Register an opinion. Let DOD and Express Scripts know how you feel. Here’s a link to a page where you can sign a petition to do just that:

http://www.ichoosewalgreens.com/tricare-plans/

You can also send a letter to your Senator and Member of Congress, letting them know you value the convenience of having a Walgreens nearby. Another point to make is that Walgreens is working to keep prices as low as possible. With Walgreens gone, Express Scripts will be much freer to set prices that benefit them, not us.

Walgreens is doing all it can to keep serving us as customers. It only seems right that we return the favor.

On November 14, the U.S. Supreme Court granted review of the 26-state lawsuit against the President’s healthcare law, the Patient Protection and Affordable Care Act. The Court granted 5 ½ hours for oral argument, including two hours of argument on the individual mandate and 1 ½ hours on severability, which addresses whether, in the event the mandate is found unconstitutional, the entire Act must be stricken as well.

The severability issue is a critical consideration for states like Arizona, which are suing over the law’s constitutionality while at the same time moving forward with implementing other parts of the law, specifically the law’s health insurance exchanges. This undermines the idea that if the mandate is found unconstitutional the whole law must be thrown out.

The federal district court that first heard the lawsuit brought by the states found the mandate unconstitutional and not severable from the remainder of the statute, and thus struck down the entire Act as unconstitutional. The judge explained that to sever the mandate from the remainder of the Act would require “reconfiguring an exceedingly lengthy and comprehensive legislative scheme,” including “going through a 2,700 page Act line-by-line, invalidating dozens (or hundreds) of some sections while retaining dozens (or hundreds) of others.”

The 11th Circuit Court of Appeals affirmed the federal court’s decision on the mandate, but disagreed on severability. The Circuit court held that the “stand-alone nature of hundreds of the Act’s provisions” and their “lack of connection to the Mandate” cut against non-severability. The Supreme Court will now decide the issue.

For its part, the Obama Administration has maintained that the mandate is closely linked to the guaranteed issue and community ratings provisions, and that they must also go if the mandate is found unconstitutional. The Goldwater Institute argued in its lawsuit challenging the Act that the establishment of health insurance exchanges and increases in Medicaid eligibility are also linked to the Act’s overall reform scheme and that the entire Act must be stricken.

Now that the Supreme Court has agreed to hear the severability issue, states like Arizona must return federal exchange money they have received and cease from establishing health insurance exchanges. Efforts to stop the federal takeover of healthcare must not be placed in jeopardy by the states voluntarily complying with a law that they are at the same time challenging as unconstitutional.

Diane Cohen is a senior attorney for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Learn More:

Goldwater Institute: Ten Resons Why Arizona Must Reject Health Insurance Exchanges

Arizona Republic: A welcome mat for ‘Obamacare’ in Ariz.

U.S. Supreme Court: Granting of Cert