Kentucky Governor Steve Beshear doubled-back on President Barack Obama's admission that ObamaCare is a tax today in a filing with Franklin Circuit Court asking for dismissal of the case against him for illegally implementing federal reforms in the state.
"Since the Executive Order at issue herein plainly does not impose a tax," Beshear claimed in his motion, the case must rest on a finding of unconstitutional "official acts" which he says citizens aren't allowed to question in court.
The Governor goes on to call the expenditure of state funds to run the Kentucky Health Benefit Exchange "speculative" although by agreeing to set up the exchange, Beshear has made a firm commitment to the federal government to make those expenditures.
There will be a hearing at the Franklin County Courthouse 669 Chamberlain Avenue Frankfort at 9 am ET on Monday May 13.