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Arkansas Citizens Lawsuit


Arkansas residents Jeannie Burlsworth and Todd Sharp, who serve as officers of the organization Secure Arkansas, filed a lawsuit April 27, 2010 challenging the constitutionality of the Patient Protection and Affordable Care Act. The lawsuit, which seeks declaratory and injunctive relief, argues that the federal health reform legislation "violates the constitutional rights and liberties of individuals living in Arkansas, by mandating that all citizens and legal residents of the United States have health insurance coverage or pay a tax or penalty." The lawsuit argues that Constitution does not authorize the federal government to mandate health coverage. It claims the Affordable Care Act exceeds the power granted under the Commerce Clause of the Constitution and violates the Tenth Amendment of the Constitution.