Hodge discusses Goldwater lawsuit

An article in the Aug. 13 edition of The Arizona Republic, “Group sues over health law,” included comments from James G. Hodge Jr., the ASU Lincoln Professor of Health Law and Ethics, and Director of the College of Law’s Public Health Law and Policy Program.

The report, by Dianna M. Náñez, was about the Goldwater Institute’s legal challenge to the national health-care law, which was filed on Aug. 12 on behalf of a Tempe business owner/Congressional candidate. The lawsuit, Coons vs. Geithner, claims the federal government can’t penalize people for refusing to pay for more extensive health insurance than they otherwise would choose. It also alleges Arizona lawmakers were illegally coerced by the federal government, and that the federal legislation removed congressional leaders’ power of oversight.

Hodge said the Goldwater lawsuit includes novel arguments, as well as ones similar to cases filed in other states. He said he doubted the lawsuits would be successful because Congress relied on its longstanding powers to enact the law.

“I doubt Congress overreached … (but) courts may be positioned to at least challenge certain provisions (of the law) based on an encouragement of states’ rights,” Hodge said.