8/23/11 8th Circuit Agrees to Expedite Oral Arguments

Lt. Governor Peter Kinder welcomes opportunity to argue appeal

JEFFERSON CITY – The U.S. Court of Appeals for the Eight Circuit today agreed to expedite oral arguments in Lt. Governor Peter Kinder’s constitutional challenge to the individual mandate in the federal healthcare law.

Oral arguments will be set during the week of Oct. 17-21 in St. Paul, Minn. The court will give attorneys representing Lt. Governor Kinder and the federal government 30 minutes each to present arguments.

“I am pleased the Eighth Circuit agreed to our request to expedite oral arguments in this important case for Missourians and all Americans concerned about the federal government’s overreaching attempts to mandate health insurance,” Lt. Governor Kinder said. “Coupled with the 11th Circuit’s recent ruling that the health care law’s individual mandate is unconstitutional, momentum is building against this big government, nanny-state, illegal edict, and we welcome the opportunity to have our arguments heard before the Eighth Circuit.”

On Aug. 12, the U.S. Court of Appeals for the 11th Circuit ruled the provision in the federal healthcare law requiring all Americans to buy health insurance is unconstitutional.

In July, Lt. Governor Kinder’s challenge garnered the support of 21 states, which filed a brief with the Eighth Circuit supporting the lawsuit. In addition, more than 150 elected executive and legislative officials of states within the Eighth Circuit filed a separate amicus brief in support of the lawsuit’s claims.

Among the state officials are Iowa Governor Terry Branstad, Arkansas Lt. Governor Mark Darr, Missouri House Speaker Steven Tilley, Missouri Senate President Pro Tem Rob Mayer, 127 members of the Missouri Legislature and legislative leaders in the Minnesota House.

“Half of the states in the U.S. are now represented in my constitutional challenge in the Eighth Circuit.” Lt. Governor Kinder said. “This tremendous support underscores the negative impact the healthcare law is having on our country and the great need for it to be overturned.”

On Aug. 3, 2010, Missourians approved the Health Care Freedom Act with 71 percent of the vote. The referendum sought to protect Missourians from the individual mandate and was the first time any Americans got to vote on the healthcare law.