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.”