The plaintiff in a state lawsuit to stop Kentucky from illegally accepting ObamaCare's Medicaid expansion is dropping House Speaker Greg Stumbo as a defendant in the case.
David Adams of Nicholasville, plaintiff in two current cases involving Kentucky's controversial role in attaching itself to unfunded mandates in the so-called "Affordable Care Act," said the move involves legal and political realities.
"Speaker Stumbo and Governor Beshear are of one mind in this matter, I'm already suing Beshear and under Kentucky law, Stumbo is essentially just a legislator," Adams said. "That means he probably can claim legislative immunity to a lawsuit."
"But when President Stivers went on television this week and showed himself clearly to be on the wrong side of Kentuckians' rights in the Medicaid expansion issue just as Republicans in other states are caving in, it became clear to me what needed to be done," Adams said.
"President Stivers wants to have it both ways in accepting the Medicaid expansion by illegal means while claiming to be against it," Adams said. "And if he really thinks he is immune to a court challenge as a member of the legislature, he should read Section 85 of the Kentucky Constitution."
"That's why I'm suing President Stivers to stop him from acting illegally to accept the Medicaid expansion."
Stivers' claim of legislative immunity comes up for debate in Franklin Circuit Court at 9 am ET on Monday, July 15.