Republican operative David Adams filed a lawsuit this week in Franklin County Circuit Court to force a shutdown of the Kentucky Health Benefit Exchange, the state-run option for ObamaCare in the Bluegrass State.
Governor Steve Beshear's immediate response suggests he knows he has a problem. He said through a spokeswoman the Constitution of the Commonwealth of Kentucky grants him authority to create a new bureaucracy that taxes and spends without legislative approval and the the Affordable Care Act is the law of the land.
"If Governor Beshear really believes the Constitution grants him the ability to usurp legislative authority on this or any other matter, he should state which section of the document does it because no one else sees it," Adams said. "There is no reason for Beshear to hide behind spokesmen and attorneys on such a fundamental issue. His silence speaks volumes."
Posted below is the text of the lawsuit:
COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
CIVIL ACTION NO. 13-CI-______
David Adams PLAINTIFF,
COMMONWEALTH OF KENTUCKY, DEFENDANT
OFFICE OF THE GOVERNOR
Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601
Plaintiff, David Adams, for his Complaint against Defendant, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, respectfully states as follows:
I. NATURE OF ACTION
1. This is a civil action for declaratory and injunctive relief relating to Governor Beshear’s Executive Order 2012-587 filed July 17, 2012. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from continuing to establish the Kentucky Health Benefit Exchange (“exchange”) given the Kentucky General Assembly’s refusal to grant him proper approval for doing so.
2. Time is of the essence in resolving this issue because the Kentucky Health Benefit Exchange is scheduled to begin operation on October 1, 2013. Continued delay in limiting the Governor’s activities in this matter to within the scope of Kentucky law sets a terrible precedent for ignoring legal limits on executive branch authority to protect Kentuckians’ rights in seeking and pursuing their safety and happiness as explicitly guaranteed by the Kentucky Constitution. Further, costs associated with creating a state-run exchange can not be easily avoided unless the Commonwealth quickly informs federal authorities of our inability to agree to properly establish an exchange.
3. The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to David Adams.
4. As a result of the actions of Governor Beshear and the General Assembly, David Adams respectfully seeks injunction against Governor Beshear’s executive order establishing the Kentucky Health Benefit Exchange until such time as Governor Beshear receives legislative approval as required by Kentucky law.
II. THE PARTIES
5. David Adams is a citizen of the Commonwealth of Kentucky.
6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.
7. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).
IV. FACTUAL ALLEGATIONS AND BACKGROUND
A. Patient Protection and Affordable Care Act
8. On July 17, 2012 Governor Beshear filed Executive Order 2012-587 to create the Kentucky Health Benefit Exchange and implement an optional provision of the federal health reform law, namely a state-run health benefit exchange. Governor Beshear cited one statute as giving him authority to take this action, KRS 12.028, but failed to receive approval of the General Assembly as explicitly required by this statute. Additionally, Governor Beshear cited “the Constitution of the Commonwealth of Kentucky” as somehow giving him authority for this act, without specifying any particular section. One might speculate that he meant Section 80, which grants him authority to call a special session as this is the only remaining option for him to gain the required approval prior to the October 1, 2013 Kentucky Health Benefit Exchange start date, but such action is no more likely to gain Governor Beshear such approval than the recently concluded 2013 General Assembly session.
V. CLAIMS FOR RELIEF
9. David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Governor Beshear’s attempt to implement provisions of Executive Order 2012-587 without receiving the necessary legislative approval and David Adams’ rights as a citizen to protection from “absolute and arbitrary” government power guaranteed by Section 2 of the Kentucky Constitution.
10. David Adams seeks injunctive relief pursuant to rights protected by Section 2 of the Kentucky Constitution. David Adams seeks a judicial determination that Governor Beshear has not received necessary legislative approval to implement the provisions of Executive Order 2012-587.
VI. PRAYER FOR RELIEF
WHEREFORE, David Adams prays for relief as follows:
1. David Adams requests the court enter a judgment declaring Governor Steve Beshear did not receive necessary legislative approval to implement provisions of Executive Order 2012-587 and that since no proper authority exists for establishment of the Kentucky Health Benefit Exchange all operation and planning for subsequent operation must cease until such time as Governor Beshear receives necessary legislative approval.
121 Nave Place
Nicholasville, KY 40356