Judge strikes yet another blow against governor in Obamacare lawsuit

Considering the Bluegrass Institute's reports noting the negative consequences of implementing a government-run health insurance exchange and expanding Kentucky's Medicaid program, it's no wonder the Beshear administration wants to avoid a debate on the merits of such policies.

Even worse, it's trying to circumvent the state Constitution while doing so.

But Franklin Circuit Judge Phillip Shepherd has slowed the administration's train considerably by twice denying its requests to dismiss lawsuits filed by tea party activist David Adams intended to prevent health exchanges and expanding Medicaid -- at least without legislative approval.

The latest ruling today by Judge Phillip Shepherd involves a lawsuit brought by Adams, who is challenging the constitutionality of House Bill 115 passed in 1966, which grants the executive branch the authority to force the commonwealth to fulfill "any obligation that may be imposed... by federal law" to obtain federal funds.

Beshear is using this law to justify expanding Kentucky's Medicaid program without securing the approval of the state legislature. Apparently, the law's constitutionality had never been challenged. After all, how many of Frankfort's politicians or bureaucrats would turn down anything sent to them from Washington? Not many.

The Beshear administration doesn't appear to be fond of citizens' rights, either. However, the framers of the state's Constitution were committed to protecting those rights. In Section 2, the Kentucky Constitution makes it clear: "Absolute and arbitrary power over the lives, liberty and prosperity of freemen exists nowhere in a republic, even in the largest majority.”