Health Care in Action, Inc.

Standing up against the infringement on state sovereignty and personal freedoms.

December 17, 2010

Lt. Gov. Kinder Debates the Health Care Mandate

A Virginia judge ruled that the President’s health care plan calling for an individual insurance mandate is unconstitutional. KMOX's Charlie Brennan talks with Mo. Lt. Gov. Peter Kinder and Thomas McAuliffe of the Missouri Foundation for Health, who take opposing viewpoints on this issue.

December 13, 2010

Lt. Gov. Peter Kinder Discusses the Virginia Ruling

Lt. Governor Peter Kinder took to the airways today to discuss a federal judge in Virginia's ruling that parts of the new federal health law are unconstitutional.

KMOX: The Mark Reardon Show, December 13, 2010

97.1 FM News Talk: The Dana Show, December 13, 2010

Statement from Lt. Governor Kinder on Virginia Judge’s Federal Health Care Law Ruling

ST. LOUIS – Lt. Governor Peter Kinder today released the following statement after a federal judge in Virginia has ruled that parts of the new federal health law are unconstitutional:

"Today's ruling is a victory not only for the people of the United States, but also for the freedoms we hold so dear. Judge Hudson's ruling confirms what many of us believed to be true nearly one year ago; that congress overstepped their authority in mandating that every American purchase health insurance.

"This ruling strengthens my lawsuit which currently awaits a hearing in a Missouri federal courtroom. This also boosts the efforts of more 20 other states that will bring their arguments before a Florida federal judge on Thursday.

“With an overwhelming majority of states joining this constitutional challenge, I am calling on Missouri Attorney General Chris Koster to join me in this legal effort on behalf of the people of the Great State of Missouri.

"Nearly one year ago, we watched as this law was passed in a series of back room deals and bribes, leaving cash strapped states like Missouri to cover the hefty tab. But now, with our continued efforts across state lines and with the new Congress expected to begin efforts on repealing and replacing this law with true, systematic health care reform, we are one step closer to putting an end to Washington’s attempt to control our health care system in America."

November 11, 2010

Statement from Lt. Governor Kinder on Constitutional Challenge to Federal Health Care Law


Statement from Lt. Governor Kinder on Constitutional Challenge to Federal Health Care Law

CAPE GIRARDEAU – Lt. Governor Peter Kinder today issued the following statement regarding his ongoing constitutional challenge to the federal health care law:

“127 days ago, I filed a legal challenge at the Rush H. Limbaugh, Sr. federal courthouse. This lawsuit has given voice to the concerns of many Missourians who oppose Washington’s control of our health care system. To this date, the Obama administration has remained silent. On Monday, the deadline for the defendants to respond had expired. Each defendant in our case was given service of process on two occasions. The government’s failure to respond in a timely fashion is a further expression of contempt and arrogance against the people of our state who overwhelmingly oppose this law.

“Yesterday evening, our legal team filed a motion in which we have asked the court to order the Department of Justice to respond to this constitutional challenge within two weeks. This administration, like each of us, is answerable and accountable to the courts. The citizens joining me as plaintiffs in this case deserve to have their day in court, and all Missourians deserve to have their voices heard.”

# # #

August 4, 2010

Human Events: Missouri Voters Soundly Reject Health Care Mandate

by Robert B. Bluey

Missouri voters dealt Obamacare a significant setback yesterday, approving a statewide ballot measure by an overwhelming 71 percent.

The vote was the first time citizens had an opportunity to cast a ballot on the unpopular healthcare law. Missouri's measure prohibits the federal government from enforcing the individual mandate to buy health insurance. The victory sends a strong message about Obamacare in a bellwether state.

"We're excited and proud to be ground zero in the battle against this misbegotten federal healthcare reform," said Missouri Lt. Gov. Peter Kinder in an exclusive interview. "We had the first vote in the nation in the Show-Me State. And we're showing the nation the way to repeal and replace this big government, big bureaucracy, one-size-fits-all law."

The vote in favor of Proposition C came despite a well-funded campaign from the Missouri Hospital Association to oppose the ballot measure. Contrary to a myth spread by the left, opponents had a sizable advantage in resources. The Missouri Hospital Association spent more than $400,000, while Missourians for Health Care Freedom estimated its spending would total about $100,000 in support of Proposition C.

The vote came just one day after a federal judge allowed Virginia's case against the individual mandate to proceed. Virginia Atty. Gen. Ken Cuccinelli challenged the Obamacare provision on the grounds that the federal government cannot regulate a person's decision to purchase a product such as insurance. U.S. District Judge Henry E. Hudson rejected the Obama Administration's request to dismiss the case Monday.

This week's events are symbolic in the effort to repeal Obamacare. Missouri is one of four states to put Obamacare on the ballot this year. The other three—Arizona, Florida and Oklahoma—have constitutional amendments up for consideration in November.

The statewide efforts stem from the American Legislative Exchange Council's Freedom of Choice in Health Care Act. The model legislation protects a patient's rights to pay directly for medical services and prohibits the federal government from imposing penalties on individuals for declining participation in a healthcare plan. Five states have already enacted statutory measures: Arizona, Georgia, Idaho, Louisiana and Virginia. Lawmakers in 38 states have introduced the model legislation and three other states are planning to do so soon.

The American Legislative Exchange Council holds its annual meeting later this week in San Diego. Kinder will be on hand to discuss Missouri's efforts to halt Obamacare. Reps. Rob Bishop (R.-Utah) and John Shadegg (R.-Ariz.) will join him for a session on federalism. Another group of health care experts will debate repeal vs. implementation of the health care law.

In addition to the Missouri ballot measure, the Republican Kinder is also challenging Obamacare in court with three other plaintiffs. He said passage of the ballot measure will bolster his lawsuit.

"My case will be strengthened," he said. "It will strengthen the multi-state effort to roll back this federal law."

One of the plaintiffs in the Kinder lawsuit is Dale Lee Morris, a 74-year-old enrolled in Medicare Advantage. She argues changes to Medicare Advantage will reduce her access to healthcare. Obamacare mandates deeps cuts to Medicare Advantage, prompting a sharp reduction in enrollment in the coming years.

Kinder's lawsuit differs from other states because he's pursuing the case without the support of the state's Democratic governor or Democratic attorney general. He said that hasn't dissuaded him.

"Fortune favors the bold," Kinder said. "We need to be leading out front on this. We need other states to put it on the ballot like we did. Or pass it through their state legislatures. And continue the grassroots uprising that's spreading like a prairie fire all across America."

August 3, 2010

Obamacare Only Looks Worse Upon Further Review

"One of the more illuminating remarks during the health-care debate in Congress came when House Speaker Nancy Pelosi told an audience that Democrats would “pass the bill so you can find out what’s in it, away from the fog of controversy.

"That remark captured the truth that, while many Americans have a vague sense that something bad is happening to their health care, few if any understand exactly what the law does. "

Read the fully story on Bloomberg:

Obamacare Only Looks Worse Upon Further Review:

July 20, 2010

New York Post: The Health Care Lies Are Still Coming

"Since [President Obama] signed the Patient Protection and Affordable Care Act a bit more than 100 days ago, the president has given a number of speeches and interviews in which he continues to say things that, well, just aren't so. Just last Friday, he told MSNBC's Chuck Todd that the law "not only makes sure everybody has access to coverage but is reducing costs."

Wrong on both counts."

Read the full story in the New York Post:

The Health Care Lies Are Still Coming

July 19, 2010

What Will Federal Health Care Cost Missouri?

What will Nancy Pelosi and Harry Reid's health care law cost the state of Missouri? Read this in depth study from the Heritage Foundation...

Federal Health Care: Impact on the States

July 16, 2010

Breaking News: Judge upholds Missouri health-care ballot measure

JEFFERSON CITY A Missouri judge has rejected a challenge to an Aug. 3 ballot measure putting a key part of the federal health care law to a statewide vote.

Cole County Circuit Judge Paul Wilson on Friday dismissed a lawsuit seeking to strike the measure from the ballot. An appeal is likely.

The Missouri measure proposes a law barring the government from requiring people to have health insurance or from penalizing people for paying their health bills with their own money. It would conflict with a federal law requiring most people to have health insurance or face fines by 2014.

The lawsuit claimed Missouri’s measure violated a state constitutional requirement that legislation contain a clear title with a single subject that is not changed from its original purpose.

Copyright the The Associated Press

July 14, 2010

Randy Barnett Discusses Constitutional Challenges to the Federal Health Care Law

In the video below, Georgetown Law Professor Randy Barnett discusses the constitutional challenges contained in the federal health care law.

Vote YES on Proposition C

August 3, 2010, voters in Missouri will be the first in the country to have the opportunity to vote YES to protect their freedom from government regulation.

Missouri’s Proposition C will protect us from government mandates by expressly stating that the government may not “penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful health care services."

We need your help!


Last week, joined by three other Missourians, I filed a constitutional challenge in federal court to ensure that we may continue to make our OWN health care choices, free of government mandates. Since filing this legal challenge, our opponents are in overdrive to stop our efforts.

First, they attacked me for choosing to fund this effort through private donations. I made the decision early in this process that NO TAX DOLLARS WOULD BE USED to pay for any legal fees incurred. We are counting on YOU and thousands of supporters to help fund this lawsuit and to help ensure our success in federal court. Our donors are ordinary citizens who are dedicated to the principles of freedom that our nation was founded on.

Then, on July 9, Democratic Attorney General Chris Koster filed a motion in federal court in an attempt to remove me from this case. Earlier this year, I asked Attorney General Koster to weigh in on this case. He never responded to my request. Now he is using YOUR TAX DOLLARS to try to impede our progress. If the attorney general wasn't willing to spend TAX DOLLARS to join our suit, why is he willing to have the state of Missouri pay to oppose our case?

A leading constitutional scholar has said that the claims we, and other states are making are "very serious," and "unprecedented... these are not frivolous claims."

Despite opposition, WE ARE PRESSING ON! Our legal team is working hard to ensure that we are prepared to bring our arguments to the courtroom. But I NEED YOUR HELP! Our entire legal challenge is being funded by donations. Today, I'm asking you to contribute $15, $25, $50, $100 or more to our Health Care In Action, Inc. legal fund. You can donate online, or by mailing a donation to the address listed on this page.

Our success is dependent on you! After donation, please forward this message to 10 of your friends and ask them to help in this effort. If you have already donated, THANK YOU! We have made it this far because of YOU!

Be sure to follow me on Twitter and stay up to date at

Keeping up the fight,


"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned - this is the sum of good government." - Thomas Jefferson

July 13, 2010

VIDEO: Lt. Gov. Kinder files legal challenge against health care mandate

July 7, 2010 - Lt. Gov. Peter Kinder joined three other Missourians to file a legal challenge against the federal health care mandate. After filing the lawsuit, Lt. Gov. Kinder held a press conference at the Rush H. Limbaugh, Sr. courthouse in Cape Girardeau, MO.

July 8, 2010

Protecting our Freedoms - We need your help!

Dear Friends,

I am so thankful for your support and encouragement as we begin our fight in court against the effects of Harry Reid and Nancy Pelosi's health care law in Missouri. Wednesday, I filed our challenge with three other Missourians at the Rush H. Limbaugh, Sr. courthouse in my hometown of Cape Girardeau, MO. You can read through our constitutional challenge below and I hope you take time to watch my appearance on Fox News with Greta Van Susteren from Wednesday night. This constitutional challenge is unlike other lawsuits filed by dozens of states across the country. Ours is unique in that is focuses on the specific challenges we face here in Missouri.

Most importantly, our lawsuit differs from other states in that we are paying all legal fees with private contributions. NO TAXPAYER MONEY will be used to pay for our lawsuit! That means we're counting on you to help us continue our fight in federal court! Dozens of people from across Missouri, and across the country have contributed to our legal fund and I am incredibly grateful for this support. I am hopeful that you will consider contributing $10, $20, $50 or $100 or more to our cause. You can donate online by clicking on the DONATE button on the right side of the page. Our cause is bipartisan and our goal is to allow Missourians to have the final say in making their own health care choices.

As you probably know, we have opposition. Some would prefer that we all sit idly by and accept the overreaching hand of Washington. This is the goal of a group here in Missouri. They have filed a lawsuit in an attempt to prevent Missouri voters from rejecting this health care takeover at the ballot box in August. So far, the people behind their lawsuit have remained quiet and their funding remains a mystery.

As they operate in secret, I am proud to thank the contributors who have helped fund our constitutional challenge. I have attached a list of our contributors to date at the bottom of this post. I am hopeful that newspapers in Missouri will now challenge the people behind the clandestine lawsuit I mentioned above to do the same. Our legal challenge has been transparent from the very beginning and we have never had anything to hide. The question is, what are these people trying to hide?

Thank you for your continued support. Please check often for updates on our progress. Together, we will stand up for the freedoms of all Missourians.

Thank you,


P.s. Please forward your friends and neighbors to and ask them to support our efforts!

Contributors to the Health Care in Action Legal Fund

Lt. Gov. Peter Kinder "On the Record" with Fox News

July 7, 2010

Read all about it!

Click on the Twitter link to the right to see a summary of today's news stories regarding the filing of our constitutional challenge against Obamacare!

BREAKING: Kinder v. Geithner

Attached is a copy of the legal complain filed this morning by Lieutenant Governor Peter Kinder and three other plaintiffs in Federal Court in Cape Girardeau, MO.
Kinder v. Geithner - July 7, 2010

Associated Press: Kinder to File Suit Today on Health Law

(Jefferson City, MO) -- Missouri Lieutenant Governor Peter Kinder plans to file a lawsuit against the new health care reform bill today.

The Republican says he wants to fight the federal insurance mandate.

The St. Louis Post Dispatch reports he will file suit in Cape Girardeau today.

In August, Missouri voters will vote on whether to exempt the state from the federal mandate provisions in the health care law.

Sent via BlackBerry by AT&T

July 6, 2010

Southeast Missourian: Lt. Gov. Kinder to file lawsuit challenging health care law in Cape Girardeau

By Alaina Busch ~ Southeast Missourian

After raising funds and researching the federal legislation, Lt. Gov. Peter Kinder will file a lawsuit challenging the new health care law in Cape Girardeau Wednesday.

Kinder, other plaintiffs and his attorney, Washington D.C.-based Thor Hearne, will make a presentation at 9:15 a.m. on the front steps of the Rush H. Limbaugh Sr. U.S. Courthouse.

Kinder set up a not-for-profit organization, Healthcare in Action Inc. to collect donations, said spokesman Gary McElyea. The organization has collected from more than 100 donors, including Missourians and out-of-state contributors, he said. The donations will cover the legal expenses, he said.

In the spring, Kinder announced he would take legal action against the federal legislation. He later delayed the lawsuit to research the topic and raise funds.

"It's given us an opportunity to really focus it on how the bill affects Missourians," McElyea said.

McElyea said Kinder did not join more than a dozen states already challenging the law because he wanted to focus on how it will affect the state budget and insurance requirements already established in Missouri, among other state issues.

Pertinent address:

555 Independence St. Cape Girardeau, MO

Sent via BlackBerry by AT&T

BREAKING NEWS: Lt. Governor Kinder to File Suit Against Federal Health Care Law Wednesday

CAPE GIRARDEAU – Lt. Governor Peter Kinder announced today that he will file his legal challenge Wednesday in Cape Girardeau against the recently enacted federal health care law.  The suit will be filed in Federal Court in the Eastern District of Missouri at the Rush H. Limbaugh Sr. U.S. Courthouse.

Sent via BlackBerry by AT&T

May 26, 2010

KYTV: Mo. lieutenant governor promotes federal health care 'opt out' vote, lawsuit

Mo. lieutenant governor promotes federal health care 'opt out' vote, lawsuit

SPRINGFIELD, Mo. -- In August, Missouri will be the first of several states to ask its voters if they want to 'opt out' of federal health care reforms, and not be required to buy private medical insurance. Supporters of major insurers and drug companies wrote the ballot language.

Missouri Lt. Gov. Peter Kinder, a Republican, is asking Missourians to join him in a federal lawsuit against health care reform. He says he will file the suit next month on behalf of individuals he says will have their constitutional rights violated by reform.

Kinder is on a tour of the state to promote the ballot issue that the Legislature placed on the statewide ballot in August. In a news conference here on Wednesday morning, Kinder admitted the current system isn't perfect but called it the best in the world.

“We don't need a one-size-fits-all gigantic, bureaucratic government takeover of our health care system,” Kinder said. “We're trying to knock that out with this lawsuit and say, ‘We want to repeal this and replace it with better reforms.’”

Kinder says individual donations will pay for the lawsuit, not tax dollars.

The Missouri Democratic Party calls Kinder's effort and the ballot issue 'absurd and meaningless.'

KOLR: Kinder to File Lawsuit Next Month Over Health Care

Kinder to File Lawsuit Next Month Over Health Care

(Springfield, MO) -- Missouri Lieutenant Governor Peter Kinder comes to Springfield today to talk about his pending lawsuit against health care reform. Kinder spoke of the implications of the new law.

His suit claims the U.S. government can't mandate that citizens have health insurance or force states to carry out the new law without reimbursing them for costs.

Kinder says he'll file the suit next month, not on behalf of the state of Missouri, but on behalf of individual Missourians.

"They've handed the bill to Missouri taxpayers who are stuck with a bill for hundreds of millions of dollars over the next decade and beyond," Kinder said. "And it's a moving target so we don't know how much but I'm using the figure $500 million in a few years and forever after."

Missouri's Attorney General, Christ Koster, has not sued.

Kinder says it is his role as a constitutional officer of Missouri to file suit.

May 25, 2010

Video: Lt. Gov. Kinder Discussing Health Care Lawsuit in Joplin

Joplin Globe: Kinder says he will file challenge to health care law within weeks

Kinder says he will file challenge to health care law within weeks

By Derek Spellman Globe Staff Writer

JOPLIN, Mo. — Lt. Gov. Peter Kinder said Monday that his legal challenge to the federal health care law should be filed within the next couple of weeks.

During a stop in Joplin, Kinder, a Republican, told reporters that he and other individuals plan to file a lawsuit in federal court that seeks to “set aside the recently passed Obamacare” legislation on grounds that it is “fundamentally corrupt” and unconstitutional. Kinder said he and others would be filing the suit individually, not on behalf of Missouri.

“We are not bringing a lawsuit on behalf of a state,” Kinder said. He said that approach also would allow the plaintiffs to raise “unique constitutional claims.”

Kinder announced earlier this year that he planned to file such a suit. On Monday, he contended that the health care overhaul would diminish the quality of health care, hurt providers and saddle Missouri taxpayers with additional costs.

“This is wrong as a moral issue,” Kinder said, also calling it “wrong” for families and taxpayers.

Democrats already have pushed back against the pending lawsuit.

In a statement released just after Kinder announced that he would be pursuing a legal challenge, Ryan Hobart, the communications director for the Missouri Democratic Party, called the litigation “just another political maneuver by someone who is all politics, all of the time.”

“The health insurance reform bill will potentially provide billions in federal dollars for health care in Missouri, allow children with pre-existing conditions to get insurance, and remove lifetime caps on the amount of insurance coverage individuals can receive,” Hobart said in the statement provided to the Globe on Monday. “In addition to all that, it is estimated that over the long term it will reduce the federal deficit by trillions of dollars.”

Kinder, though, challenged claims that the law would reduce the deficit. He asserted that more recent estimates from the Congressional Budget Office forecast that the cost would be even higher than previously stated.

Democrats have called on Kinder to disclose who will be financing the lawsuit. The lieutenant governor said he is raising money private money for the legal challenge.

“I’ll be disclosing later this summer,” he said. “I’m under no legal obligation to do so. That’s voluntary.”

Hobart on Monday provided a list of statements from legal scholars contending that Kinder’s lawsuit would have little chance of success because federal laws generally trump those in states.

Kinder said “we like our chances” of the lawsuit perhaps making its way to the 8th U.S. Circuit Court of Appeals and maybe the U.S Supreme Court.

May 11, 2010

Statement from Lt. Governor Kinder on Health Care Freedom Legislation


May 11, 2010

Statement from Lt. Governor Kinder on Health Care Freedom Legislation

JEFFERSON CITY – Lt. Governor Peter Kinder today issued the following statement the legislature’s passage of House Bill 1764:

“Today, Republican and Democrat lawmakers in the Missouri General Assembly have ensured that the voters of Missouri will have the ultimate voice in directing their own health care decisions. Missouri taxpayers have overwhelming voiced opposition to the federal health care law and they will now be able to protect their individual rights.

“I believe that the voters of Missouri will overwhelmingly support this referendum on the August ballot and stand up against this infringement on their personal freedoms.”

# # #

Associated Press: Mo. to vote in August on health insurance mandate

Mo. to vote in August on health insurance mandate

JEFFERSON CITY, Mo. (AP) -- Missouri is poised to become the first state to put the new federal health insurance mandate to a vote of its residents.

The Missouri House gave final approval Tuesday to a measure that will appear on the August ballot stating that people and employers cannot be compelled to have health insurance.

The referendum seeks to defy a federal health care law signed earlier this year by President Barack Obama that requires most Americans to have health insurance or face fines. The federal law includes an exemption for lower income people.

If approved by voters, it's uncertain whether Missouri's law would carry much weight. That's because federal laws generally trump those of states.

Similar measures are to appear on the November ballot in Arizona, Florida and Oklahoma.

© 2010 The Associated Press.

Wall Street Journal: ObamaCare's Phony Medicaid 'Deal'

ObamaCare's Phony Medicaid 'Deal'
The new health law unconstitutionally coerces the states

from the Wall Street Journal


The attorneys general of 13 states recently filed a lawsuit in federal court challenging the constitutionality of the Medicaid portions of the new health law. Given the dismal track record states and individuals have had challenging New Deal social programs, many pundits have concluded their suit will be dismissed out of hand. I wouldn't be so sure.

The new health law gives states frontline responsibility for setting up an untried system of "exchanges" through which individuals will purchase health-care insurance. States receive partial federal support for running the exchanges up to 2015, after which they run them at their own considerable but uncertain expense. States can opt out of organizing these exchanges—but only if they extend Medicaid coverage to more of their residents, including all uninsured persons whose incomes are 133% to 200% of the poverty level.

This program is highly coercive and it raises a constitutional problem of the first magnitude.

Barack Obama promoting health-insurance reform in March.

ObamaCare's defenders say there is no problem—since no state has to participate in Medicaid at all, they're free to walk away entirely from the ObamaCare deal. But this too is a fake option.

Suppose a thief takes your family portrait worth $100 to you and then makes a take-it-or-leave it offer to sell it back to you for $50. You prefer the picture to the money. He prefers the money to the picture. Does that make the thief's offer a win/win? Of course not. It is ransom.

President Barack Obama said Saturday in his weekly address that millions of Americans already are reaping benefits from the new health care law.

And thus the ObamaCare deal: States may leave Medicaid but the Medicaid taxes their citizens pay will support the program in other states. The state's option to leave Medicaid would be real only if the federal government refunded its citizens' Medicaid taxes or paid them into the state treasury.

There is one big obstacle to state success in the courts. In Frothingham v. Mellon (1923), a citizen of Massachusetts and the state itself challenged the use of federal tax dollars for infant and maternal health under the 1921 Maternity Act. Their argument was that the payments to individual people were not expenditures for the "general welfare of the United States," which, properly understood, only covered standard public goods like national defense.

But the Supreme Court there mistakenly held that neither the individual citizen nor the state had standing to challenge the program—on the peculiar ground that any potential constitutional violation that hurt everyone could be challenged by no one. That ruling put Massachusetts (like states today) in an impossible bind. A principled decision not to accept the federal funds meant that its citizens' tax dollars simply would go to mothers and infants in other states.

Fortunately, the obstacle that the Supreme Court raised to a state's standing to sue has already been breached. In Massachusetts v. EPA—the notorious 2007 decision allowing the EPA to treat carbon dioxide as a pollutant—the Supreme Court recognized that the state had standing to sue to protect its own coastline from the supposed ravages of excess CO2. The Supreme Court should likewise also recognize a state's standing to sue when the federal government seeks to command its resources to serve federal objectives. In New York v. United States (1992), the Court prevented the U.S. from forcing states to take title to nuclear waste. It can surely prevent the federal government from mandating massive expenditures of scarce state resources.

Under the Constitution the states are not wards of the federal government. Clever federal tax and spending statutes must not be allowed to reduce states to a servile status that allows the federal government to force massive wealth shifts among them.

The federal government should be told either to refund to the states their citizens' Medicaid tax dollars when they pull out of the program or to drop the new mandates to expand Medicaid coverage as the price the states must pay to escape ObamaCare-created duties.

Mr. Epstein is a professor of law at the University of Chicago and a senior fellow at the Hoover Institution.

May 3, 2010

Obama(doesn't)care is Taking Surprise Hits


Thanks for your continued support of our fight against Obamacare. Stay tuned this week for more updates on the progress of our lawsuit from attorney Thor Hearne.

Below, I have included an opinion editorial from my good friend David Limbaugh on the subject of Obamacare.



LIMBAUGH: Obama(doesn't)care is Taking Surprise Hits
David Limbaugh
Friday, April 30, 2010 - St. Louis Globe Democrat

As President Barack Obama is attempting to steamroll yet another enormous policy change through Congress against the best interests of Americans, we would be well-advised to keep abreast of the frauds that are already being exposed about Obamacare.

Last week, reality dealt Obamacare twin blows - not that Obama will care. An analysis inside his own administration and a report from New York state shed the grim light of reality on this monstrosity before its Draconian provisions have even gone into effect.

Economic experts at the Health and Human Services Department issued a report last week, conveniently after Obamacare was shoved through, finding that though more people will end up with health insurance (many of them against their will, of course), costs are going to increase. Shocker.

How could coverage not increase with the legal mandate forcing unwilling people to buy health insurance coverage? Today millions entitled to assistance don't avail themselves of it, but Obamacare will presumably be different because there will be a penalty for non-coverage - an idea that Obama expediently mocked during the primary campaign.

But costs will also increase? I thought Obama promised to bend the cost curve down - that he wouldn't add one dime to the deficit with Obamacare. But two dimes or a quarter are apparently a different matter.

The HHS analysis found Obamacare will raise projected spending by about 1 percent over 10 years - and this is without even considering the impact of numerous gimmicks and camouflaged items, such as the Medicare "doctor fix." There are presently scheduled 21 percent cuts in Medicare reimbursements to physicians, but House Speaker Nancy Pelosi has promised that they won't be implemented. What a sham!

The report also revealed that Obamacare could drive 15 percent of hospitals into the red and possibly jeopardize access to care for seniors.

Meanwhile, The New York Times reported last week that New York's experience with provisions that parallel Obamacare do not portend well for Obamacare.

According to the Times (it's amazing it admitted this): "New York's insurance system has been a working laboratory for the core provision of the new federal health care law - insurance even for those who are already sick and facing huge medical bills - and an expensive lesson in unplanned consequences."

Translation: In 1993, New York forced insurance companies to cover individuals and small groups regardless of pre-existing illnesses. It also forced insurers to charge the same premium rates for the same benefits in every region of the state regardless of the demographics of those covered and the different risks that might exist. How about those "unplanned consequences"? You guessed it: "Premiums skyrocketed." Of course they did, because the state grossly interfered with market forces by prohibiting insurers from using risk assessment to set their premiums - just as Obama, in his beneficence, will be doing for all of us under Obamacare.

Healthy people began to subsidize people who needed more health care. Duh. The healthier customers began to drop out, and the pool of covered people shrank and mostly included high-risk people. Since 2001, the number of people buying comprehensive individual policies through HMOs has dropped dramatically, from 128,000 to 31,000. And "New York has the highest average annual premiums for individual policies: $6,630 for single people and $13,296 for families in mid-2009, more than double the nationwide average."

Attentive readers might say, "Well, this won't happen under Obamadoesn'tcare because it forces people to buy health insurance whether they want it or not." Amazingly, again, the Times addressed that question, as well. Analysts, the Times said, conclude that this mandate "could prove meaningless if the government does not vigorously enforce the penalties" or if people opt out and pay the penalties.

Well, of course many of the healthy ones are going to opt out, because the penalties will probably be but a fraction of the premiums.

But these twin blows to Obamacare barely scratch the surface of the horror that awaits us. Respected health care expert Sally Pipes warns that Obamacare will add strain to an already burdened system by increasing the load on family doctors while imposing price controls on government plans. Those controls will inevitably be imposed on private plans, too, as they were in another state - Massachusetts - that is a partial microcosm of Obamacare.

So we'll have increased demand for medical care with price controls, which will necessitate rationing. But making matters worse, doctors are going to retire early; you've surely heard of the 2009 poll by Investor's Business Daily finding that 45 percent of doctors would consider quitting if Obamacare passed. You think the Obamacrats will try to amend the law to force doctors to keep their jobs? Why not? This living Constitution can be pretty handy in a pinch.

Can you believe there are actually Republicans out there contemplating forgoing a full repeal?

David Limbaugh is a writer, author and attorney. His book "Bankrupt: The Intellectual and Moral Bankruptcy of Today's Democratic Party" was released recently in paperback.

April 21, 2010

NEWS RELEASE - Lt. Governor Kinder Announces Hearne as Attorney for Federal Health Care Challenge


April 21, 2010

Lt. Governor Kinder Announces Hearne as Attorney for Federal Health Care Challenge

JEFFERSON CITY – Lt. Governor Peter Kinder today announced that prominent constitutional attorney Thor Hearne will advise him on the constitutionality of the recently signed federal health care law.

“I am grateful to have Thor representing the voices of the citizens of Missouri in this case,” Lt. Governor Kinder said. “Thor’s vast experience and background will assure Missourians’ interests receive some of the most sound and vigorous representation in the country.”

Hearne is a partner with the Washington, D.C. based firm Arent Fox LLP. He is one of the nation’s preeminent constitutional and election law attorneys. Hearne successfully represented the leadership of the U.S. Senate and U.S. House appearing as amicus curiae before the U.S. Supreme Court. Hearne routinely handles complex constitutional and civil rights litigation against the federal government. He has appeared and argued significant federal and state constitutional issues before various U.S. Courts of Appeal as well as the Missouri, Michigan and Kansas state Supreme Courts. In 2004, he served as President Bush’s national election counsel in the presidential re-election campaign.

“I consider it an honor and a privilege to represent the Lt. Governor and advise him in his role as an advocate for Missouri’s elderly and in his defense of all Missouri citizens’ constitutional rights,” Hearne said. “We are considering the unique constitutional concerns the federal health care bill raises for Missouri citizens, taxpayers and, especially, how this bill affects the health care options available to Missourians over sixty-five years old.”

Lt. Governor Kinder announced on April 7, 2010 that he would bring the appropriate legal challenge to defend the interest of Missouri citizens and that this effort would be funded by private donations. The Health Care In Action, LLC legal fund was established to allow private citizens to support the effort and make sure Missouri taxpayers would not be left with the bill.

Officials from more than 20 other states are also pursuing legal action against the health care legislation.

On the Web:

# # #

April 20, 2010

REAL Reform

Dear Friends,

Earlier this morning, I met with my legal team to discuss our pending lawsuit against Obamacare in Missouri.

I am excited by the case we will be filing very soon in federal court in Missouri. Also, I will be announcing my legal counsel tomorrow! Keep watching this website and follow us on Twitter for updates on the Health Care In Action progress.

Missouri needs REAL health care reform. I hope that our fight will allow us to REPEAL and REPLACE this new law with health care reform that benefits all Americans.

Thank you for your continued support, and a special THANK YOU to everyone who has contributed to this cause.

Keep up the fight,


St.Louis Tax Day Tea Party Video

April 15, 2010

Tax Day Tea Parties


Thank you for your continued calls and emails this week in support of our fight against Obamacare. Next week we plan to make some major announcements regarding our progress in this legal challenge. Keep watching for more info and follow us on Twitter by clicking on the button on the right side of this page. You can also continue making donations to our legal fund online, or by mailing a check.

Today, I will be speaking at two Tax Day Tea Parties in the Greater St. Louis area. I hope to see many of you there.

St. Charles Tax Day Tea Party Rally
St. Charles County Courthouse
100 N. 3rd St.
St. Charles, MO
2:00 p.m. - 3:00 p.m.

St. Louis Tax Day Tea Party Rally
Memorial Park
Corner of Central and Carondelet
Clayton, MO
6:30 p.m. - 7:30 p.m.


April 12, 2010

Thank You! Help our fight against Obamacare!


Thank you for the extraordinary support you have shown over the past five days!

I have received THOUSANDS of emails and phone calls of support. The message is the same, "KEEP FIGHTING!"

And that's what I intend to do.

So far, dozens of you have contributed to the legal fund for this lawsuit against Obamacare. I am funding my legal challenge through private donations to remove the burden from Missouri taxpayers. If you would like to find out more about donating, please click here.

Please keep your letters, emails, calls and donations coming. Also, help spread the word to your friends by directing them to this website, and by following us on Twitter.

Thanks for your support,


Daily Dunklin Democrat: Kinder 'drawing a line' over health care reform

by Annabeth Miller

Missouri's lieutenant Governor is going to push forward this month with his plan to file a lawsuit challenging the constitutionality of President Obama's health care reform plan.

Lt. Gov. Peter Kinder of Cape Girardeau announced on national television this past week that he intends to file suit in federal court challenging the recently-signed health care legislation.

Kinder said Friday he will seek private funding for the legal challenge instead of using Missouri taxpayer funds. Kinder spoke in a telephone interview from Kansas City as he was preparing to travel across the Show Me State.

Kinder made his law suit announcement during an appearance on Fox News Channel's "On the Record with Greta Van Susteren" Wednesday evening.

"We will continue this fight against the infringement on state sovereignty and personal freedom," Kinder said.

Kinder said he is filing the lawsuit to protect Missouri taxpayers from what he says will be the phenomenal cost to the state from the federal health care reform.

"The Obama-Pelosi-Reid-McCaskill democrats are sticking it to Missouri taxpayers," Kinder said.

Kinder said he is filing the lawsuit as a part of his statutory responsibility as the official ombudsman for Missouri's older adults. "Seniors are going to be hurt the worst by the ill-conceived, misbegotten federal health care reform. It will devastate our state's budget and rob from Medicare."

Kinder pointed out Missouri is already in the midst of a state budget crisis, with declining state revenues and a budget that is being cut to the bone to keep the state within a balanced budget. Missouri is constitutionally required to have a balanced budget.

"You cannot add an extra $500 million in expected expanded Medicare costs," Kinder emphasized. "They are sticking Missouri taxpayers with the bill. This infringes and encroaches on our rights. I am going to stand up for the right of every Missourian to select their own health care plan."

"Who would have thought two years ago that we would be talking about trillions piled on trillions of dollars of debt," Kinder said.

He noted that in the last 15 months the federal government has taken over auto makers General Motors and Chrysler, and that the student loan program in the county would be nationalized as a part of the health care reform package.

"There have been so many aspects of our economic lives as a nation taken over in the last 15 months by the federal government that it seems nothing is out-of-bounds. We've got to draw a line and say 'this far and no farther,'" he added.

Kinder has developed a new website,, to keep Missourians up-to-date on the status of the lawsuit and to offer visitors a way of donating to help underwrite the cost of the federal lawsuit.

"Instead of putting the financial burden on Missouri taxpayers, we are asking for private funding. The state budget is tight. We believe private funding can be generated for this and we are going to go out and test that notion," he said. He noted his new website will have a link active next week to make a donation.

"We are mapping out a strategy and are expecting to file in the federal courts here in Missouri this month," he said.

A recent statewide poll by Rasmussen shows that a majority of Missouri voters favor repealing the new Obama health care plan. The statewide poll that was released on April 8, shows that 59 percent of Missouri voters favor repealing the health care plan, while 36 percent oppose repeal. This includes 47 percent who strongly favor repeal and 27 percent who strongly oppose it. "Most Missouri voters (56 percent) think the just-passed health care bill will be bad for the country, and 61% oppose the bill's requirement that every American buy or obtain health insurance. Fifty-one percent (51 percent) think Missouri should join the other states that are suing the federal government over the constitutionality of this requirement, but 37 percent oppose such a suit" the polling report said.

Rasmussen also reported that the number of voters opposing the health care plan is slightly higher in Missouri than nationwide.

Southeast Missourian: Hundreds of e-mails support Lt. Gov. Peter Kinder's lawsuit over health care reform

By Rudi Keller

More than 1,000 Missourians responded to Lt. Gov. Peter Kinder's announcement he plans to challenge the federal health care overhaul enacted last month, a spokesman said Friday.

More than 500 e-mails arrived in the hours after Kinder appeared on Fox News' "On the Record" program, spokesman Gary McElyea said, with only a handful opposed to Kinder's effort. Kinder said he is going to raise private donations to pay attorney costs and file the lawsuit by the end of the month.

"The attorney general did not think pursuing the case is a good use of taxpayer dollars, and he is not going to pursue it," McElyea said. "We decided not to put the burden on taxpayers, but let's let their voices be heard."

There is no initial goal for the fundraising effort, but substantial funds will be needed, McElyea said.

"We want to make sure we have somebody who is competent and qualified for this case and gives it the attention it deserves," he said.

Kinder at first announced he planned to join the lawsuits filed by Florida's attorney general and others challenging the constitutionality of the overhaul law. But he now intends to file his own lawsuit, citing the effect on senior citizens and what he considers an excessive new burden on Missouri taxpayers.

"I have a statutory obligation as the chief advocate for our state's senior population," Kinder said on Fox News. "Seniors are going to be hurt perhaps among the worst of any segment of the population by this ill-conceived, misbegotten federal health care reform that will devastate our state's budget, that will rob from Medicare and thereby hurt seniors, that will cause practitioners to quit the practice of medicine and send millions of new people into their offices, into a shrinking pool of providers."

Kinder said the health care overhaul will cost the state $500 million annually for its share of an expanded Medicaid program.

Full Story:

Springfield News-Leader: Kinder determined to join health care suit

by Chad Livengood

Jefferson City -- Lt. Gov. Peter Kinder vows to join a multi-state lawsuit challenging the constitutionality of President Obama's health care reform overhaul by the end of April.

Kinder, a Republican, said last month he would seek to become party to the lawsuit first filed by the attorney general of Florida. Kinder claims he has a responsibility to challenge the new federal law as the state's official seniors advocate. The nearly trillion- dollar health care reform bill is half paid for by cuts to Medicare.

On Wednesday night, Kinder made an appearance on Fox News on "On The Record with Greta Van Susteren" to detail his plans to join the lawsuit in a Missouri federal court.

But first, Kinder's going to need a private attorney to represent him in federal court, since Attorney General Chris Koster has signaled he doesn't intend to represent Kinder on behalf of the state.

Kinder has launched a Web site -- -- to raise private donations through a legal fund to pay for his involvement in the lawsuit.

Koster and Gov. Jay Nixon, both Democrats, have shown no interest in challenging the federal government on the new law, which would mandate all Missourians have health insurance or pay a fine levied by the IRS. Nixon has recently said Kinder's attempted lawsuit isn't "serious business."

In what could be the opening salvo for a 2012 gubernatorial battle, Kinder said on Fox News that Nixon has been "arrogant and dismissive" about the issue.

April 9, 2010

Donate Today!

"The fight must go on. The cause of civil liberty must not be surrendered at the end of one, or even one hundred defeats." - Abraham Lincoln

Our fight is just beginning! As you know, I will soon be filing suit in federal court against the federal takeover of our health care system.

Instead of putting the financial burden on Missouri taxpayers, I have chosen to fund our legal challenge through private donations. You can now donate to to our cause online! All contributions to the Health Care In Action, L.L.C. legal fund will help further our efforts.

You can donate today by clicking the "Donate " button on the right side of the page, or by clicking here.

If we don't act today, this health care bill will result in huge burdens on OUR checkbooks and our state's budget. Thank you for standing with me to defend our freedoms. Our voices will be heard!

Thank you for your help,


*Donations are NOT tax deductible.

April 8, 2010

Follow Us on Twitter


You can now follow our efforts on Twitter. Click on the button on the right side of the page to follow us.


Rasmussen Reports: More than half of Missourians say state should join health care lawsuit

"Most Missouri voters (56%) think the just-passed health care bill will be bad for the country, and 61% oppose the bill's requirement that every American buy or obtain health insurance. Fifty-one percent (51%) think Missouri should join the other states that are suing the federal government over the constitutionality of this requirement, but 37% oppose such a suit."

Full Rasmussen Report here.

On The Record with Greta Van Susteren

How YOU Can Help!

Thank you for the outpouring of support! We knew this fight wouldn't be easy, but it is one we intend to win. At no other time in our history has Congress passed legislation that required us to purchase a product or face punishment for not doing so. This is a basic infringement on our state's sovereignty and personal freedoms.

Some have raised concerns about what a lawsuit like this might cost the taxpayers of Missouri. That is why I have chosen to fund my legal challenge through private donations.

Many of you have emailed me asking how you could donate to this cause. We hope to have a donation button on this Web site in the coming days. Please check back here for updates through the week.

Thank you all for making your voices heard,


KRCG-TV: Kinder to file suit against healthcare law by end of April

By Kate Walls

Republican Lt. Gov. Peter Kinder is among those ready to thumb their noses at Congress and their federal health care legislation.

While Attorney General Chris Koster said no, Kinder was eager to block new federal health care reforms.

Kinder Wednesday night took to a larger platform, appearing on Fox News Channel's "On the Record with Greta Van Susteren."

Kinder announced he will go forward with a lawsuit to challenge the health care legislation, filing by the end of this month.

He says the health care legislation is an infringement on the rights of Missourians. He says it's an ill conceived plan that was passed in an illicit and corrupt manner.

In many of the other states taking a similar action, it is the state’s Attorney General or Governor leading the charge, but Kinder says he does have the authority to pursue this course.

Kinder said, "Yes, I believe I do; under my statutory authority as the advocate for our state's senior population and as a constitutional officer of state of government. That's how we're going forward with this claim."

Kinder also disagreed with the cost of the federal health care plan. He says it will only worsen Missouri’s budget crisis.

Kinder said, "We are over $600 Million short this budget year and looking to the budget we'll be writing a year from now, we'll be over a billion short. You can't stick Missouri taxpayers with another half billion dollar tab every year."

He said he doesn't want this legal action to cost Missouri taxpayers. That's why he's asking for private donations to pay for this legal fight.

April 7, 2010


Joining Greta on Fox News Channel tonight at 9:00 p.m.

Sent via BlackBerry by AT&T

KRCG @ 10:00 p.m.

Just finished taping an interview with KRCG-TV (CBS affiliate in mid-Missouri). Folks in Jefferson City and Columbia can catch this on the 10:00 p.m. newscast tonight.

NEWS RELEASE: Lt. Governor Kinder to Proceed with Legal Challenge to Federal Health Care Bill

JEFFERSON CITY – Lt. Governor Peter Kinder tonight announced that he will proceed with plans to file suit challenging the recently signed federal health care bill. The Lt. Governor also announced that he will seek private funding for the legal challenge.

“We will continue this fight against the infringement on state sovereignty and personal freedom,” Lt. Governor Kinder said. “We will take this battle to court without putting a financial burden on Missouri taxpayers.”

Lt. Governor Kinder made the announcement tonight during a guest appearance on Fox News Channel’s “On the Record with Greta Van Susteren.”

Lt. Governor Kinder announced that he will be working to secure private funding to pay for the suit. A Web site has been established to keep Missourians informed on the progress of the case, and to allow private citizens to contribute to the cause online in the near future. The Web address is,

Officials from nearly 20 other states are pursuing legal action against the health care legislation.

Lt. Governor Kinder will file the legal challenge in federal court in Missouri by the end of April.

On the Web:

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TONIGHT: Fox News Appearance!

I will be appearing tonight on Fox News' "On the Record with Greta Van Susteren" to discuss our next steps in taking legal action against the federal health care legislation. Tune in to Fox News Channel tonight at 9:00 p.m. central time to see how you can help!



March 23, 2010

NEWS RELEASE: Lt. Governor Kinder Announces Action Against Federal Health Care Bill

JEFFERSON CITY – Lt. Governor Peter Kinder today spoke out against the recently signed federal health care bill and announced his intent to join officials from 13 other states in legal action against the legislation.

Below are the Lt. Governor’s remarks, as prepared for delivery:

“Good afternoon.

“This morning, President Obama signed into law a federal healthcare mandate that was thrust upon us despite overwhelming opposition from Americans. Over the past few weeks, Missourians have made their voices loud and clear. But, with complete disregard for their constituents, Democrats in congress forced President Obama, Nancy Pelosi and Harry Reid’s legislation into law.

“This healthcare directive will pose a huge financial burden for our state. Tennessee’s Governor, a democrat, even called this bill “the mother of all unfunded mandates.” The true cost to Missouri taxpayers remains to be seen.

“On December 9, 2009, I wrote a letter urging Senator Claire McCaskill to oppose this government intervention in the private healthcare sector. On December 30, 2009, I asked Governor Nixon to join us in opposition to this healthcare bill. Once again, on January 20, 2010 during my State of the State response, I once again asked the governor to speak out against this infringement on the rights of Missourians. And on January 6, 2010, I asked Attorney General Koster to conduct a thorough legal review of this legislation to determine what provisions might violate the Constitution of the United State or the State of Missouri.

“Each one of those letters went unanswered.

“Today, Missourians should know that their voices have been heard.

“Today, I am here to announce that by my standing as a constitutional officer of the State of Missouri and by my statutory authority as Missouri’s Official Senior Advocate, I intend to join with officials of 13 other states to challenge the legality of this federal healthcare bill and any unconstitutional provision in which may be contained.

“Our fight is two part: to protect the sovereignty of our states, and freedoms of our citizens. This law represents an unprecedented encroachment on the sovereignty of our state in the form of millions of dollars in unfunded mandates. Second, this bill infringes of the rights of private citizens. At no other time in the history of our nation has a mandate forced citizens to purchase a product or face penalties, even imprisonment, for not doing so.

“At a time when our state is dealing with vast budget deficits, we cannot afford to have the federal government throw this huge financial burden in our lap.

“Right now, Republicans and Democrats in the Missouri House and Senate are also working on a bipartisan measure to pass the Health Care Freedom Act, a joint resolution to be voted on by the people of Missouri to protect their ability to make their own health care decisions.

“Although many of their elected officials remain silent, Missourians should rest assured: their voices have been heard and our fight is just beginning.

“Thank you.”

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