Plaintiffs in the Tea Party lawsuit to stop Kentucky Gov. Steve Beshear from setting up a state-run ObamaCare "exchange" without legislative approval have filed a motion for summary judgment, which would shut down the exchange.
Attorney Michael Dean, of Irvine, argued for the plaintiffs:
"It is clear that Governor Beshear may not, without legislative action, authority or appropriation, take it upon himself to reorganize state government, create government boards, offices and make appointments to them, promulgate administrative regulations, create budgets, incur debts, enter contracts, impose taxes or fees, accept federal funds and decide how they are to be spent, and commit state dollars to his enormous new bureaucratic undertaking."
"There being no genuine issues of material fact in dispute, as a matter of law the Executive Order and all action taking in furtherance therof and the administrative regulations promulgated thereunder are unconstitutional, and the court should so declare, and should enter a permanent injunction, barring implementation of the Executive Order, voiding all contracts, employment positions, and commitments, and freeze further payments and expenditure of funds by or for the purpose or benefit of the Exchange."
Mr. Dean had Governor Beshear's legal team chasing their tails and barking at the moon. It was more fun than watching Judge Judy catch some poor non-gubernatorial sap in a lie.
The summary judgment motion is scheduled to be heard in Judge Shepherd's courtroom at 9am on Monday June 24, 2013 at 669 Chamberlain Avenue in Frankfort. Everyone is invited to attend.
