With two just issued court orders, a Franklin County (KY) Circuit Court judge changed the dynamics of Kentucky Governor Steve Beshear's plan to expand Medicaid under ObamaCare, increasing the likelihood of a tea party victory.
Judge Phillip Shepherd has effectively placed Tea Party activist David Adams, plaintiff in the case, on an even playing field with the Governor going forward in the case by forcing the Governor to answer questions about his ObamaCare actions, by setting a date for resolution of the case prior to ObamaCare open enrollment on October 1 and leaving the door open for stopping the Beshear Administration from making an end run around the process and signing Kentucky up for Medicaid expansion with the Obama Administration before the case is fully heard.
"Governor Beshear needs to follow proper procedure in Kentucky because our laws and our Constitution are stronger than those of the federal government in protecting individual rights," Adams said. "Of course, neither are any good if we don't use them. I appreciate Judge Shepherd for recognizing the value of our republican form of government and acting to restrain the Governor in this way. Without proper process, we couldn't win. With it, the facts and the Constitution speak for themselves and for us. Now we can win."
The application process for the Medicaid expansion is being managed by the Kentucky Health Benefit Exchange, whose very existence is in jeopardy with an August 1 hearing back in Judge Shepherd's courtroom.