Louisiana Healthcare Freedom Amendment (2010)

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The Louisiana Health Care Freedom Amendment did not appear on the November 2, 2010 statewide ballot in Louisiana as a legislatively-referred constitutional amendment. The proposed legislation called for prohibiting rules against participation in specific health care. The proposal was sponsored by Rep. Kirk Talbot and was supported by Gov. Bobby Jindal.[1]

Support

Amendment supporters argued that the amendment asserted the state's rights under the state's sovereignty provisions in the United States Constitution. Elizabeth Murrill, the governor's deputy executive counsel, called the federal health care bill an "unprecedented intrusion in the state's power to legislate."[1]

Opposition

Opponents of the proposed measure said the issue was already being disputed in court and a state amendment was not required. Rep. Chris Roy described the measure as "an exercise in futility."[1]

Path to the ballot

See also: Louisiana legislatively-referred constitutional amendments

If 2/3rds of the members of both houses of the Louisiana State Legislature voted in the affirmative, a legislatively-referred constitutional amendment would have been placed on the statewide ballot. However, as of June 30 no initiatives have qualified for the 2010 statewide ballot.

Similar measures in other states

Groups in Indiana, Minnesota, North Dakota and New Mexico also considered a similar proposal. Two of those states (North Dakota and Wyoming) allowed ballot initiatives; in the other three states, the state legislature was required to vote it onto the ballot using their state's procedure for constitutional amendments.[2]

National lawsuit

With United States President Barack Obama signing the newly passed federal health care bill into law, many states began preparing themselves to combat the health care mandates that were on the verge of taking place across the country. Some states had proposed initiatives or legislative referrals for the statewide ballots, however, in other states attorney generals joined in a national lawsuit.[3][4]

See also

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