Georgia officials praise judge's ruling on health care law, say fight is not over

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By Aaron Gould Sheinin and Misty Williams

The Atlanta Journal-Constitution

Georgia Republican officials celebrated Monday's ruling invalidating the federal health care law -- even as they outlined plans to implement the law while appeals proceed toward the Supreme Court.

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Georgia Attorney General Sam Olens, from left to right, Georgia Congressman Lynn A. Westmoreland, and Georgia Governor Nathan Deal hold a press conference at the Georgia State Capitol in Atlanta, in response to a federal judge siding with Georgia and 25 other states suing to block the Obama administrations health care overhaul.

Curtis Compton, ccompton@ajc.com Georgia Attorney General Sam Olens, from left to right, Georgia Congressman Lynn A. Westmoreland, and Georgia Governor Nathan Deal hold a press conference at the Georgia State Capitol in Atlanta, in response to a federal judge siding with Georgia and 25 other states suing to block the Obama administrations health care overhaul.

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"This will clearly go to the U.S. Supreme Court, it clearly needs their guidance and wisdom, but today is a great day for those who believe in the Constitution and believe that Congress' power is, in fact, limited by the Constitution," said Attorney General Sam Olens.

Georgia is one of 26 states suing in federal court in Florida to overturn the legislation championed by President Barack Obama and congressional Democrats.

While Monday's ruling was good, Gov. Nathan Deal said, it does not allow states to suspend their efforts to implement the law.

"We'll be required to move forward until such time relief is granted or an appellate decision is finalized," Deal said. "It's a victory, but it is not a complete victory."

He said the state has accepted a $1 million federal grant to help create the new health care exchanges where Georgians without private health insurance can purchase coverage. Asked if the state has spent or has plans to spend its own tax dollars on implementation, Deal said he wasn't sure.

As a party to the lawsuit, Olens said Georgia will be an "active participant" in any appeal, but not at taxpayers' expense. "We've had a set of lawyers who have provided pro-bono representation," he said. "They have agreed to continue that pro bono representation."

The Justice Department has 30 days to appeal the ruling to the 11th U.S. Circuit Court of Appeals in Atlanta.

The 12-member court has one vacancy; President Barack Obama has yet to nominate a replacement for Stanley Birch, who was appointed by President George H.W. Bush and who retired from the court last August. As it stands now, the 11th Circuit has six judges who were appointed by Republican presidents and five appointed by Democratic presidents.

For Amy Swann, the health reform law may be her only chance at insurance coverage.

The 47-year-old Augusta resident lost her insurance after she quit her job two years ago to take care of her ailing mother, who suffers from dementia and is in hospice.

In November, Swann, who has a pacemaker to control her irregular heart beat, spent Thanksgiving week in a hospital suffering from congestive heart failure. The price tag: $30,000.

Swann said she spent an entire weekend fighting severe shortness of breath, hoping it would get better on its own. When she finally did drive herself to the hospital, 25 pounds of excess fluid had built up in her lungs and around her heart, Swann said.

“I almost killed myself because I didn’t have insurance and I didn’t want to send us into bankruptcy,” she said.

Starting today, however, she is eligible for the high-risk pool created under reform for individuals with preexisting conditions.

“Why should I die when I’m willing to pay for health insurance?” she said. “This is the only avenue I have.”

However, Kelly McCutchen, president of the Georgia Public Policy Foundation, said Democratic and Republican governors alike are concerned about the cost to the states if the current law stands -- particularly the billions of dollars they could have to spend on expanded Medicaid coverage.

Monday’s ruling provides an opportunity for a bipartisan solution that would actually reduce costs, McCutchen said.

At the same time, doing nothing is not a solution, he said, and Republicans need to come with their own ideas. “We need to roll up our sleeves and get around the table and have an open, serious discussion on new proposals.”

Staff Writer William Rankin contributed to this report.