Sam Olens - Attorney General

Sam Olens Makes Official Request to Georgia AG to Review Constitutionality of H.R. 3590

For Immediate Release : Cobb County/December 23, 2009 – Cobb County Commission Chair and candidate for Attorney General Sam Olens has submitted a letter to Georgia Attorney General Thurbert Baker requesting that he join with the Attorney Generals of South Carolina and at least six other States, to review the constitutionality of H.R. 3590, The Patient Protection and Affordable Care Act.

With the final deal assuring Senator Ben Nelson’s vote, all newly eligible Medicaid enrollees from Nebraska would be permanently treated differently than those from the other 49 States. While Medicaid is a joint federal-state program, the Nebraska Compromise provides for a permanent exemption to his State alone. Said provision appears to violate the U.S. Constitution as all states would not be uniformly treated the same with this new tax.

“It is a felony to buy votes in this country. That same prohibition must apply to our legislators. All legal options must be considered and applied to stop this outrage.

“Georgians cannot afford the many new taxes associated with this bill, let alone a special provision that lets us pay for citizens of another state, stated Olens.

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The letter is listed below:

Honorable Thurbert Baker
Georgia Attorney General
40 Capitol Square S.W.
Atlanta, GA 30334

Re: H.R. 3590, The Patient Protection and Affordable Care Act

Dear Attorney General Baker:

The recent amendments to the health care legislation cause much constitutional alarm to our citizens. The bill, which substantially increases the cost of Medicaid to our State, is scheduled to be voted on by the Senate tomorrow morning. It appears to violate the United States Constitution, inter alia, in that Senator Ben Nelson’s provision violates the uniformity requirement for all taxes.

Said provision appears to provide a permanent exemption for his State in return for the 60th vote. One Senator’s vote should not cause the other 49 States of this great Country to be treated differently, or shall I say unfairly.

I respectfully request that you join discussions with the Attorneys General of South Carolina and at least six other States, in an effort to exchange ideas and research all possible avenues to confront this injustice. Our citizens must be assured that they will be protected from abuse and fraud related to this rushed legislation.

Thanking you in advance for your anticipated leadership on this important issue, I am,

Sincerely,
Samuel S. Olens