Missouri Document Filed In Support Of Florida Health Care Lawsuit

JEFFERSON CITY, Mo. -- Missouri Attorney General Chris Koster says Congress overstepped its constitutional powers when it mandated that most Americans should have health insurance or pay a penalty.

Koster says he filed a document Monday with a federal appeals court supporting a Florida lawsuit challenging the constitutionality of the new federal health care law.

The action by Koster, a Democrat, comes after Missouri voters last year passed a measure prohibiting people from being required to have health insurance. It also comes after Missouri's Republican-led House and Senate passed resolutions urging Koster to defend the new state law and challenge the federal health care law.

Koster says he believes the individual insurance mandate can be struck down while allowing the rest of the federal health care law to remain in place.

Comments

[Aaron Jaskim]

02:58 PM on 05/18/2011

If you read the fine print the mandate does not apply if your cheapest insurance option cost more than 8% of your income. That's good for me and the other 28,000 people that work at my company. Our health insurance cost 16% of our salary! I don't see this coming down anytime soon either.

[Jefferson78]

10:51 PM on 04/26/2011

Clearly unconstitutional and already repealed by the US Congress.

[Brian Gilmer]

06:44 PM on 05/05/2011

You get an "F" in civics. Congress is made up of 2 chambers the Senate and the House of Representatives. Both chambers have to pass a bill before it can be sent to the President for his approval for it to become a law. Only the House of Representatives voted to repeal the act not the Senate. So as the song goes "I'm just a bill. Yes, I am only a bill and I'm sittin' here on capitol hill."

[CharlieVer]

11:20 AM on 04/15/2011

There's a simpler argument for its Constitutionality then the argument they're currently using (the Constitutional right to regulate commerce.) It's the Constitutional right to tax. It's this simple: The Affordable Health Care Act includes a tax for all citizens. That tax can be avoided by having health insurance, whether purchased, purchased for you by an employer, or provided for you because you are elderly or poor. Thus, the only way to argue that it's unconstitutional is to argue that all taxation is unconstitutional.... and they will NEVER pass a law banning all taxes.

[Jefferson78]

10:53 PM on 04/26/2011

Read the Constitution. Most taxes are unconstitutional. It took an amendment to the Constitution to make income taxes constitutional. Regulating commerce has absolutely nothing to do with my personal decision to purchase health insurance (or not).

[Brian Gilmer]

06:45 PM on 05/05/2011

That really is a stretch. It took a Constitutional Amendment to correct the problems created by apportioning taxes by the population of the state.

[wizzardly]

09:36 AM on 04/12/2011

Unconstitutional?? ObamaCare is the signature law and is STILL very unpopular.

[CharlieVer]

11:16 AM on 04/15/2011

America is divided on the subject, is more accurate than "unpopular." I personally love the Affordable Health Care Act.

[Brian Gilmer]

06:47 PM on 05/05/2011

Judge Vinson gave a very good argument for the mandate to be considered unconstitutional. but he gave a complete non-argument for why that one element should invalidate the entire law. I suggest you read the ruling (if you already have not).

[lisaman]

09:32 AM on 04/12/2011

He will feel the wrath of the democratic voter in Missouri! I have called his office and I have e-mailed him as well. In both I expressed to him that if I would just as soon vote for a republican than to vote for someone who was just pretending to be a democrat.

He says that mandates are unconstitutional, and yet we have mandates in our government as far back as 1798.

http://history.nih.gov/research/downloads/1StatL605.pdf

The Act for Relief for Sick and Disabled Seamen is found at the bottom of the page and I believe it sets a precedent for mandates that actually started with our forefathers.

[taddles]

01:50 PM on 04/12/2011

Oh nicely done, get the militia act of 1792 in there too.

Though you will always get some twink decrying the sick and disabled seamen law because "this isn't a health insurance mandate for ALL people" which of course doesn't change the fact that the government did in fact mandate the purchase of health insurance.

[lisaman]

02:18 PM on 04/12/2011

Is that where they were mandated to purchase their own guns? I will have to look that up.

[CharlieVer]

11:17 AM on 04/15/2011

What is a "twink"?

[dmagsam1]

09:27 AM on 04/12/2011

It doesn't matter if the Healthcare Mandate is unconstitutional or not. He's just trying to keep his job. He is what's wrong with our political system. You can't just keep changing your stance on critical issue's by how the electorate is leaning. Boo this man.

[sknords]

09:04 AM on 04/12/2011

mandate ..unconstitutional?
so is your hair...you silly child politician..

[farmilyman]

09:01 AM on 04/12/2011

He prefers people withuot heathcare just go to their local Emergency Room for free care and have the state pick up the tab.

[NOV42008]

08:57 AM on 04/12/2011

Where in the constitution does it say Tax Payers must contribute to congress health care?

[taddles]

10:45 AM on 04/12/2011

I believe it's section 1 article 6.

[taddles]

10:46 AM on 04/12/2011

sorry, article 1 section 6.

[NOV42008]

03:19 PM on 04/12/2011

Ok, for a moment I will put on my Christian O'Donnell's hat, "Where is the word HEALTH CARE, in Article 1 Section 6?"

[Gio Salerno]

08:49 AM on 04/12/2011

Along with this law that says you don't have to have insurance should be a law that says you pay cash for your medical care so those that do have insurance will not end up paying for you.

[Brian Gilmer]

06:49 PM on 05/05/2011

Maybe the law should say that you have to pay in gold.

[LMK123]

08:31 AM on 04/12/2011

If you don't buy health insurance - who pays your bill when you end up in the hospital and haven't the money to pay it?
Maybe the GOP will be introducing a bill to allow hospitals to refuse to treat those who have no health insurance. That would fit in well with their death panel agenda for reducing the deficit.

[Golfrrs]

07:33 AM on 04/12/2011

Is this guy out of puberty yet? Who said you can only buy republicans!

[IMOPINIONH8D]

04:54 AM on 04/12/2011

We have a military, Provide for the common defense. The ACA, promote the general welfare.

[Meesterclean]

04:04 AM on 04/12/2011

A mandate to force people to give money to private companies for the very act of living is naturally unconstitutional. We should not be forced to make companies rich who have more representation in our congress than we do. Taxation without representation. When corporations are allowed to give money to politicians, it is a double jeopardy where those in charge of the corporations can give once as an individual and again for the whole corporation. This weakens the representation of normal people who must now compete with people who basically get to vote with their money more than once, enough to even monopolize all of the interests of congress.

[Gio Salerno]

08:50 AM on 04/12/2011

That is why we need a public option.

[Meesterclean]

02:50 PM on 04/12/2011

Exactly. Vermont is going to show us how to do it.

[lisaman]

09:39 AM on 04/12/2011

That is why like every other civilized nation of the world, we should have single payer health care.

[Meesterclean]

02:50 PM on 04/12/2011

I agree.

[Phreejazz]

04:03 AM on 04/12/2011

This is long, and sponsored by the Federalist Society, but this is an interesting and informative video for anyone seriously interested in the Constitutionality of the individual mandate, a good debate re: the same:

http://www.youtube.com/watch?v=69Yu7PFwBZo

[lisaman]

09:40 AM on 04/12/2011

Can you summerize for those of us who don't have the time or a computer that isn't as slow as Christmas?