4/26/11 Lt. Gov Kinder Responds to Judge Sippel's Ruling on Gov. Motion to Dismiss

April 26, 2011

Lt. Governor Kinder’s Response on Judge Sippel’s Ruling on Government’s Motion to Dismiss

JEFFERSON CITY – Lt. Governor Peter Kinder today released the following statement regarding Judge Rodney Sippel’s Ruling on the Government’s Motion to Dismiss:

“Today, Judge Sippel has slammed federal courthouse doors in the face of Missourians. His truly extreme ruling dismisses our lawful claims and the dire consequences that President Obama's health care law will have on Missouri and our citizens. Two federal judges have declared the health care law to be unconstitutional. The federal judges who upheld the law at least ruled that citizens have standing to challenge this unprecedented mandate. Instead, Judge Sippel simply says that Missourians will not be heard in his court.

Amazingly, Judge Sippel neither cited nor even acknowledged the decisions by the other federal judges. So far in this battle, no judge anywhere has done what Judge Sippel did today. Missourians were kicked out of his court as he has refused to hear the merits of our constitutional challenge.

We will forthwith appeal, and are hopeful the U.S. Court of Appeals for the Eighth Circuit will give our constitutional claims their first serious consideration. Because of the enormity of these issues to all Missourians, dismissed so casually by Judge Sippel, we will also request an expeditious review from the 8th Circuit.

Judge Sippel’s decision further demonstrates the need for Missouri Attorney General Chris Koster to actually get involved in this issue and defend Missouri and its citizens from this health care monstrosity. Filing a “friend of the court” brief in the Eleventh Circuit Florida case has zero practical effect on how this law negatively impacts our state and its citizens. It is time for Attorney General Koster to get off the sidelines and help protect Missourians, as his oath requires, from the unconstitutional overreach of the health care law.”

Lt. Gov Kinder discusses the Health Care Law with Greta Van Susteren on Fox News

April 11, 2011

Lt. Governor Kinder discusses his constitutional challenge against the Health Care Law with Greta Van Susteren on the Fox News Channel. The link to the video is attached below.

http://www.youtube.com/watch?v=wM38LFM0Y2Q

4/11/2011 Statement from Lt. Governor Kinder on Attorney General Koster Filing Amicus Brief in Florida Case

April 11, 2011

Statement from Lt. Governor Kinder on Attorney General Koster Filing Amicus Brief in Florida Case

JEFFERSON CITY – Lt. Governor Peter Kinder today released the following statement after Attorney General Koster filed an amicus brief in the Florida case:

"After thirteen months of inaction and indecision, Attorney General Koster has joined me in declaring the individual mandate to be unconstitutional. However, AG Koster fails to recognize what Judge Vinson clearly articulated and ruled, which is that the individual mandate is not severable from the Health Care Act and therefore the entire law is unconstitutional. AG Koster’s amicus brief in the Florida case, while welcome, is a day late and a dollar short. It does not adequately defend the Missouri Health Care Freedom Act or respond to the resolution passed by the Missouri General Assembly.

With the exception of AG Koster now agreeing that the individual mandate is unconstitutional, we are otherwise disappointed in AG Koster's course of action. His filing of an amicus brief in the Appellate Court hearing the Florida case does not effectively advocate for the interests of Missouri citizens. I continue to urge AG Koster to join the lawsuit that I and other Missouri citizens have filed in federal court in Missouri. This case is the only case in the nation specifically defending the Health Care Freedom Act and rights of Missourians.

It is crucial that leaders of our state are willing to get in the battle for Missourians' constitutional rights and freedoms, and not just comment from the sidelines."

3/18/2011 Kinder, Mayer and Tilley Issue Second Letter to AG Koster on Health Care

March 18, 2011

VIA HAND DELIVERY
The Honorable Chris Koster
Missouri Attorney General
Supreme Court Building
207 W. High St.
Jefferson City, Missouri 65102

Dear Attorney General Koster:

Despite our request for your opinion on enforcing the federal health care law in Missouri, you fail to state whether you view this law as constitutional and whether it should be followed in Missouri. Instead, your response to our letter is a bare and tedious recitation of the status of various lawsuits against the federal health care law. This is yet another example of how you have delayed and avoided any action on this crucial matter since the federal health care law was passed in March of 2010.

Over the last year, article after article has been printed in which you have seriatim stated that you are either “observing”, “pondering”, or “monitoring” the progress of the health care litigation (see attached articles with quotes from you and your staff). While governors and attorneys general in a majority of states have taken action, you have avoided any position on the law. In fact, you recently stated that you were “stonewalling” the press so you would not have to talk about this subject (see attached article).

As the state's chief legal officer, you are “required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests or claims.” (RSMO 27.060). Other attorneys general across the country believe that a lawsuit against this health care law is necessary to protect their state’s rights and interests. Yet, even though our legislature has issued two resolutions for you to get involved in a legal fight against the health care law and the citizens of Missouri overwhelmingly passed the Health Care Freedom Act, you refuse to take a stand and have remained silent.

The U.S. Senate Finance and U.S. House Energy and Commerce Committees issued a joint report dated March 1, 2011, which estimates that the Medicaid spending mandates in the federal health care law will cost states at least $118 billion through the first decade of full implementation (through 2013). These new mandates will cost Missouri $773 million or more over five years. Our state and its elected officials who plan its budget must know whether we are to prepare for this shock to Missouri’s economy. We need you to lead on this issue which is crucial to the fiscal and social well being of our citizens and our state.

This is not a matter that you can ignore. The time for artful dodging is over. In fact, you have stated that this is a non partisan issue and “one of the most important constitutional questions of our time that deserves an answer.” Why do you still refuse to give us one?

Not only are you stonewalling the press, and your fellow elected officials, you are stonewalling the citizens of Missouri who hired you to represent them.


Sincerely,


PETER D. KINDER ROBERT MAYER STEVEN TILLEY
Lieutenant Governor President Pro Tem Speaker of the House

Lt. Governor to Speak at UMKC Law School on March 4th regarding His Constitutional Challenge to the Health Care Law

February 24, 2011

Lt. Governor Kinder to Speak on Health Care Lawsuit to UMKC Law School Republicans

JEFFERSON CITY – Lt. Governor Peter Kinder will discuss his current Health Care lawsuit at the Republican Law Students Association meeting on Friday March 4, 2011 at the University of Missouri Kansas City Law School.
The Lt. Governor will speak about the impact of the new federal health care law and the issues facing Missouri’s citizens, legislature and the Executive Branch.
The UMKC Republican Law Students Association is Missouri’s first organization aimed at educating and supporting the next generation of republican lawyers. The group is soon expanding statewide to the University of Missouri – Columbia and St. Louis University.
The event will be at Noon in the UMKC Law School’s Student Lounge on Friday, March 4th.

2/3/2011 Koster, Mayer and Tilley Request Koster to Issue Legal Opinion on Health Care Law

February 3, 2011

VIA HAND DELIVERY
The Honorable Chris Koster
Missouri Attorney General
Supreme Court Building
207 W. High St.
Jefferson City, Missouri 65102

Dear Attorney General Koster:

This letter is a formal request, pursuant to RSMo § 27.040, from the undersigned, in our official capacities as constitutional officers of the State of Missouri, for a legal opinion. Specifically, we request from you an opinion on the legal status of the State of Missouri regarding the federal health care reform law, officially titled the Patient Protection and Affordable Care Act (“PPACA” or “the Act”).

You are aware that on January 31, 2011, U.S. District Judge Roger Vinson of Florida found the entire law – every word of it – to be unconstitutional. While he did not issue an injunction against enforcement of the PPACA, Judge Vinson did say that the legal effect of his ruling is the “functional equivalent” of such an injunction, as he presumes “that federal officers will adhere to the law as declared by the court.”

Governing authorities in other states are taking notice. In Florida, the Governor and Attorney General have announced the suspension of enforcement of the Act within their state, owing to Judge Vinson’s ruling. Similar stands are being announced by attorneys general in other states. Wisconsin Attorney General Van Hollen declared the Act “dead” in Wisconsin “unless and until it is revived by an appellate court.” Attorney General Van Hollen went on to say that,"[e]ffectively, Wisconsin was relieved of any obligations or duties that were created under terms of the federal health care law."

You are also aware that the elected representatives of the people in the Missouri General Assembly are meeting between now and mid-May, and that foremost among their responsibilities is the daunting task of crafting a state budget. Buried within the 2,700 pages of the PPACA are dozens of mandates on every state in the Union. The budgetary consequences of the Act are multi-various and extremely burdensome and, if lawful, must be accounted for by those crafting the state budget for FY 2013. Budgetary consequences for the current FY 2012 must be taken into account as well. And we now have a federal judge’s definitive ruling that the Act is unconstitutional. Further, in the past month, both houses of the General Assembly have passed resolutions asking you to get involved in the legal fight against the Act. In the House of Representatives, the bipartisan vote asking for you to act was an overwhelming majority of 115-46.

Our request to you is to render a legal opinion that can guide all of us in state government. Is the Act – now declared unconstitutional – lawful and enforceable in our state, or isn’t it? Must state officials follow its unconstitutional dictates, or should we ignore them as we see the top officials of other states now doing?

In crafting your answer, we respectfully ask that you take into account certain facts unique to our state. Specifically, we cite you to the overwhelming vote of the people last August at our Primary election. Missouri voters adopted the Health Care Freedom Act by the overwhelming margin of 71 percent as the measure carried all 114 counties. As you know, this is now a law on our statute books, duly enacted according to our Constitution. As officers of the State of Missouri, we have taken an oath to defend the Missouri Constitution and its laws.

The great state of Missouri and all our citizens are waiting on you, the attorney for our State, to let us know where we stand on this crucial issue.

Sincerely,

PETER D. KINDER ROBERT MAYER STEVEN TILLEY
Lieutenant Governor President Pro Tem Speaker of the House

1/31/2011 Statement from Lt. Governor Kinder on Florida Judge’s Federal Health Care Law Ruling

January 31, 2011

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

JEFFERSON CITY – Lt. Governor Peter Kinder today released the following statement after a federal judge in Florida has ruled that the federal health care law is unconstitutional:
"Today´s decision is yet another victory against the overstepping and overreach of Obamacare. Judge Vinson´s ruling continues to confirm that when Congress passed this law they infringed on the constitutional liberties and freedoms of the American people. It is clear that Congress does not have the authority to mandate every American purchase health insurance and that the Health Care Law is unconstitutional.
"As I await a ruling on my lawsuit in Missouri, I am encouraged by today´s decision and the further support it gives to the claims of Missourians against Obamacare. Judge Vinson’s ruling states what Missourians said in August, by an overwhelming vote of 71%, and what both houses of the Missouri legislature said this month, that the individual mandate cannot stand. We must continue to fight for our freedoms against unconstitutional Government infringement."

1/26/2011 Statement from Lt. Governor Kinder on DOJ's Motion to Dismiss

January 26, 2011

Kinder: Justice Department’s move to dismiss court challenge a 'desperate ploy'

JEFFERSON CITY – On Tuesday, Lt Governor Peter Kinder filed a memorandum in opposition to the Obama Administration´s attempts to dismiss his constitutional challenge to the federal health care law. Kinder released the following statement:
"We have brought this constitutional challenge on behalf of countless Missourians who will lose their existing affordable health care coverage under the new Obama-Pelosi-Reid health care law. But instead of addressing our challenge on the merits, the Obama Administration has responded by asking the court to slam the federal court house door in the face of these citizens.
"The Obama Administration bizarrely claims that a federal court lacks the jurisdiction to hear these claims. We believe that this is a desperate ploy by an administration that has already suffered a major setback in a similar case when a federal judge in Virginia ruled that the individual mandate is unconstitutional.
"Our challenge must be allowed to go forward, and we hope that Judge Sippel will deny the government´s motion and allow these Missouri citizens´ constitutional claims to be determined on their merit."