Appeals Court Rules Against Goldwater Institute On ACA Lawsuit

By  KJZZ News
August 08, 2014

A federal appeals court has ruled against the Goldwater Institute, which filed suit claiming people cannot be forced to buy health insurance or pay a fine for refusing under a voter-passed measure from 2010. 

The problem is the Affordable Care Act says just that: Buy coverage or pay up. 

The Court of Appeals pointed out the U.S. Supreme Court found the Affordable Care Act constitutional, ruling that trumps what Arizona voters approved.

The judges also denied a claim that the health care law violates the medical privacy of people by forcing them to spend money they don’t have. And they rejected the argument that a fine for exercising their right not to buy health insurance infringes on some basic freedom. 

Goldwater Institute Attorney Christina Sandefur says that’s a dangerous way to look at things.

“What about a tax on an abortion? The court could say, well, look, you can still get an abortion, you just have to pay the tax to be able to do so. And we're not forcing you, we're not stopping you from getting an abortion,” Sandefur said.

Sandefur said her group is weighing its options for an appeal.