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Opposition to ‘Obamacare’ by Kansas Legislators over Tenth Amendment

By   /   December 21, 2011  /   No Comments

“I believe that  I share with you an overriding concern and fundamental opposition to the implementation in Kansas of the Patient Protection and Affordable Care Act, which I will refer to … as ‘Obamacare’ .” 

In his video comments State Rep. John Rubin (R, Shawnee) thanked the Union of Patriots group of about 70 for their “commitment to freedom, liberty, and the Constitutions of the U.S. and Kansas” in attending the event on a Friday night. 

State Rep. John Rubin: 10th Amendment and Affordable Care Act 


Rubin said the federal government was restricted by the Tenth Amendment to the U.S. Constitution and had “overstepped its bounds” in the Affordable Health Care Act legislation.  Rubin said such legislation was a matter to be decided by state governments. 

“Our opposition to Obamacare is nothing less than a referendum on the continued viability in Kansas of the Tenth Amendment. …” 

“I’ve been increasingly concerned … that we in Kansas  despite our official position that Obamacare is unconstitutional and unenforceable in our state have proceeded in implementing parts of it.” 

After a review of the contract for the Kansas Eligibility Enforcement System (KEES) Rubin said he saw eleven different areas  that required compliance or compatibility with Obamacare. 

According to Rubin no state funds should be used to implement any portion of Obamacare while the state is arguing before the U.S. Supreme Court “that the entire law is unconstitutional and unenforceable in Kansas.” 

Kansas Watchdog attempted to contact Democratic Minority Leader Paul Davis (D, Lawrence) for comments about the claim the Affordable Care Act is unconstitutional.  Davis was not immediately available for comments, but we’ll add them here when he is available. 

Rubin said there were other reasons to drop the KEES contract with Accenture, specifically a recent $63.7 million settlement between Accenture and the federal government over contract kickback allegations. 

Rubin concluded:  “It is time that we in Kansas join these other states in demanding the Obama administration stop governing against the will of the American people.” 

KEES and Obamacare 

Steve Shute from the Union of Patriots followed Rubin with a slide show giving details of the connections between the KEES system and Obamacare

Shute claimed that State Rep. John Rubin recently lead a “delegation” to meet with the governor and lt. governor over concerns the State was implementing Obamacare in Kansas. 

Kansas Watchdog verified that Rubin and others met with the governor and is working to verify details of that meeting. 

In a complicated proposed diagram of the agencies to be involved in national health care Shute claimed about three-quarters of them had been created in the last 18 months. 

Steve Shute, Union of Patriots, Affordable Care Act and KEES Implementation (14:05) 


View slides here 

Shute said the original bill was over 2,400 pages long but 10,000 pages of regulations have been created since the bill was passed and that number is still growing. 

Shute said the new health care law “destroys personal freedom, privacy, and choice.” 

Shute quoted Gov. Brownback: 

“If fully enacted, the Obama Health Care plan would devastate the Kansas budget with unaffordable mandates, threatening every other priority in state government.” 

Diagram shown by Steve Shute of connections between Obamacare Architecture and KEES Architecture


“He’s right by the way,” added Shute. 

Shute reminded the audience that the Kansas Republican Party adopted a resolution in August that the party “rejects all parts” of Obamacare. 

Shute claimed that KEES is a Trojan horse designed to implement Obamacare in Kansas under the guise of stopping Medicaid fraud. For proof Shute showed a diagram with the connections between the two. 

Democratic Party Chair Joan Wagnon responded to Shute’s Trojan horse comment on Wednesday:  “in the last two years of the Sebelius and Parkinson administrations there was effort to try to start planning for a new eligibility system because the one that was in place was inadequate.  It’s not a Trojan horse, it’s an old dead horse that they’re trying to replace.” 

Shute said the KEES contract was completely compliant with Obamacare requirements and “nowhere … is the system not Obamacare compliant.” 

Shute asked members of the audience to get the facts for themselves.  He invited anyone to their office to review the bill and new regulations.  The documents are not yet online at their web site for review. 

“Every legislator that we’ve talked to about this in our offices has come away convinced that we are complying with Obamacare.” 

Perspective from another legislator 

State Rep Charlotte O’Hara (R, Overland Park) told about her review of the Early Innovator Grant and its connection to the Affordable Care Act. 

O’Hara told about her appointment to, and later removal from, an interim insurance committee that was to study the Affordable Care Act in Kansas.  O’Hara said that after her appearance on the Kris Kobach radio program Speaker Mike O’Neal (R, Hutchinson) told her “you are no longer on the committee.” 

O’Hara said she was told in an E-mail that the meeting with Gov. Brownback, State Rep. Rubin, and others “is not going to happen” if she attended. 

State Rep. Charlotte O’Hara’s Comments on Affordable Care Act (11:07) 





Paul Soutar contributed to this article.

Contact: Earl F Glynn, earl@kansaswatchdog.org, KansasWatchdog.org 

Editor’s note:  The Union of Patriots and FairTaxKC groups held “Freedom’s Big Three” forums at the KU Edwards Center on Friday night and in Wichita on Saturday.  

The groups discussed three policy issues facing the Kansas legislature in January.  Kansas Watchdog previously reported about tax reform and illegal immigration issues discussed at the events. 

Reprinting: Kansas Watchdog is a free wire service and we welcome reprinting and only ask for attribution and notification. If you’d like to reprint this story we ask that you e-mail the author with the date the story will run and the outlet name.