Protect Private Property


In 2009, Governor Lynch and primarily Democratic legislators passed a law which attempted to take $110 million from a privately funded medical malpractice fund. The state never contributed any money to this fund. All the monies were paid by healthcare providers from around the state. The New Hampshire Supreme Court held that law unconstitutional because it violated the vested property rights of the policyholders (Click here to see court opinion). Governor Lynch has refused to obey this law and continues efforts to take these funds from the owners. Many citizens and organizations fearful of this unconstitutional assualt on private property have provided important support to the JUA policyholders. This site recognizes these efforts.

Public Condemnation of John Lynch for his Raid on the JUA

New Hampshire Republican State Committee
Convention
Concord, New Hampshire
September 25, 2010


            WHEREAS, After years of reckless increases in state spending, in 2009, Governor John Lynch proposed taking $110 million of funds held by the New Hampshire Medical Malpractice Joint Underwriting Association (“JUA”) for use in the State’s general fund;

            WHEREAS, The JUA funds are private property belong to hundreds of New Hampshire physicians, nurses and other healthcare providers who were insured by the JUA;

            WHEREAS, In June 2009, the Democrat-controlled legislature approved Governor Lynch’s raid on these private funds;

            WHEREAS,  In July 2009, the New Hampshire Superior Court ruled that the Lynch raid was an unconstitutional taking of private property and an unconstitutional impairment of contracts;

            WHEREAS, In January 2010, the New Hampshire Supreme Court affirmed the Superior Court’s ruling and held that the JUA policyholders had vested property rights in the JUA funds and that the Lynch raid was unconstitutional;

            WHEREAS, In defiance of the Supreme Court’s decision and all citizens’ constitutional rights, Governor Lynch, with the support of the Democrat-controlled legislature, devised a scheme to achieve the taking of the JUA funds through administrative rules;

            NOW, THEREFORE, BE IT RESOLVED that this Convention hereby:

            A.        Affirms the rights of all citizens to the protection of private property from unlawful government taking as established by the United States and New Hampshire Constitutions;

            B.         Condemns Governor John Lynch’s flagrant disregard of those rights;

            C.        Condemns Governor John Lynch’s contempt for the New Hampshire Supreme Court’s ruling in the JUA case; and

            D.        Condemns the attempt by Governor John Lynch and the Democrat-controlled legislature to achieve the taking of JUA funds through administrative regulation.


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