Oct. 20, 2011
Kinder ‘cautiously optimistic’ of a favorable ruling
ST. PAUL, Minn. — The U.S. Court of Appeals for the Eighth Circuit on Thursday (Oct. 20) heard oral arguments in Lt. Governor Peter Kinder’s constitutional challenge to the individual mandate in the federal healthcare law.
Lt. Governor Kinder was represented by prominent constitutional law attorneys Thor Hearne and Robert O’Brien of the Arent Fox Law Firm. Hearne said the judges were “very engaged” and knowledgeable of not just the Missouri case, but of legal challenges brought by other states against the federal healthcare law.
“The Eighth Circuit is taking this case very seriously,” he said.
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 Gov. 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.
Kinder said he was grateful for the opportunity to have his arguments presented to the appeals court judges.
“The arguments went very well, and the judges were highly engaged in the substantive merits of the case,” Kinder said, adding that he was “cautiously optimistic” the judges would rule favorably in the case.
Hearne said the Eighth Circuit panel could decide the case as early as the end of the year. It’s possible, he added, the Supreme Court could then take it up along with other challenges to the healthcare law for consideration in the High Court’s current term.
March 8, 2012
Conference Call Set up for Media on Oral Arguments in Kinder’s Constitutional Challenge to Healthcare Law
Oct. 20, 2011
ST. PAUL, Minn. — Lt. Governor Peter Kinder will discuss oral arguments attorneys made today before the U.S. Court of Appeals for the Eighth Circuit on his constitutional challenge to the individual mandate in the federal healthcare law.
Media can join an 11:30 conference call with Lt. Governor Kinder and Thor Hearne, attorney for Healthcare In Action. This case has garnered national attention, and Lt. Governor Kinder wants to ensure Missouri media have an opportunity to discuss today’s oral arguments.
The format and call-in information is as follows:
WHAT: Media conference call on oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law
WHO: Lt. Governor Peter Kinder; Thor Hearne, attorney for Healthcare In Action; media
WHEN: 11:30 a.m., Thursday, Oct. 20
MEDIA CALL-IN INFO: Call 605-475-4000; Access Code: 1002794#
FORMAT: Lt. Governor Kinder and Thor Hearne each will provide a brief summary of the oral arguments and where the constitutional challenge stands today followed by Q & A with media.
ST. PAUL, Minn. — Lt. Governor Peter Kinder will discuss oral arguments attorneys made today before the U.S. Court of Appeals for the Eighth Circuit on his constitutional challenge to the individual mandate in the federal healthcare law.
Media can join an 11:30 conference call with Lt. Governor Kinder and Thor Hearne, attorney for Healthcare In Action. This case has garnered national attention, and Lt. Governor Kinder wants to ensure Missouri media have an opportunity to discuss today’s oral arguments.
The format and call-in information is as follows:
WHAT: Media conference call on oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law
WHO: Lt. Governor Peter Kinder; Thor Hearne, attorney for Healthcare In Action; media
WHEN: 11:30 a.m., Thursday, Oct. 20
MEDIA CALL-IN INFO: Call 605-475-4000; Access Code: 1002794#
FORMAT: Lt. Governor Kinder and Thor Hearne each will provide a brief summary of the oral arguments and where the constitutional challenge stands today followed by Q & A with media.
U.S. Court of Appeals for Eighth Circuit to Hear Oral Arguments in Kinder Healthcare Challenge
October 19, 2011
ST. PAUL, Minn. — The U.S. Court of Appeals for the Eighth Circuit on Thursday (Oct. 20) will listen to oral arguments in Lt. Governor Peter Kinder’s constitutional challenge to the individual mandate in the federal healthcare law.
The court will give attorneys representing Lt. Governor Kinder and the federal government 30 minutes each to present arguments.
In July, Lt. Governor Kinder’s challenge garnered the support of 21 states, which filed a brief with the Eight Circuit supporting the lawsuit. In addition, more than 150 elected executive and legislative officials of states within the Eight Circuit filed a separate amicus brief in support of the lawsuit’s claims.
Among the state officials are Iowa Gov. 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.
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.
WHAT: Oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law
WHERE: Division II, Courtroom 5B
Warren E. Burger Federal Building and U.S. Courthouse
316 N. Robert St., St. Paul, Minn.
WHEN: 9 a.m.
ST. PAUL, Minn. — The U.S. Court of Appeals for the Eighth Circuit on Thursday (Oct. 20) will listen to oral arguments in Lt. Governor Peter Kinder’s constitutional challenge to the individual mandate in the federal healthcare law.
The court will give attorneys representing Lt. Governor Kinder and the federal government 30 minutes each to present arguments.
In July, Lt. Governor Kinder’s challenge garnered the support of 21 states, which filed a brief with the Eight Circuit supporting the lawsuit. In addition, more than 150 elected executive and legislative officials of states within the Eight Circuit filed a separate amicus brief in support of the lawsuit’s claims.
Among the state officials are Iowa Gov. 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.
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.
WHAT: Oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law
WHERE: Division II, Courtroom 5B
Warren E. Burger Federal Building and U.S. Courthouse
316 N. Robert St., St. Paul, Minn.
WHEN: 9 a.m.
Lt. Governor Kinder meets with seniors affected by Joplin tornado at Joplin Senior Center
Sept. 21, 2011
Officials must cut through red tape to help vulnerable seniors, he says
JOPLIN – Lt. Governor Peter Kinder today heard from clients and staff at the Central Area Agency on Aging Senior Center in Joplin about their ongoing needs as the region continues to recover from a devastating tornado in May.
As the official Senior Advocate for the State of Missouri, Lt. Governor Kinder also testified last month before the Senate Interim Committee on Natural Disaster Recovery about the unique needs seniors faced in the wake of the disaster.
On Wednesday, Lt. Governor Kinder said state government must reduce red tape in the wake of natural disasters so seniors and their caretakers can quickly and easily get the help and care they need.
“It’s important that our seniors aren’t forced to navigate a lot of unnecessary bureaucratic rules to get the crucial care they need,” he said.
The May 22 tornado damaged the Joplin Senior Center, which was able to reopen last month.
Lt. Governor Kinder said Wednesday the facility’s return is critical to ensure seniors not only have a place to go for a nutritious meal each day, but that they have a comfortable place of companionship.
He also urged Gov. Jay Nixon to release state funding for meals at the center and for home-bound seniors. Nixon withheld $940,000 from the state budget for the program. After pressure from Lt. Governor Kinder and other senior service agencies, Nixon last month released half the funds.
“The full amount must be restored for this vital program, and I will continue to fight to see that it is restored,” Lt. Governor Kinder said.
Lt. Governor Kinder also discussed his constitutional challenge to the federal healthcare law and how the law’s mandates could hurt Missouri’s seniors. He said the law “unfairly targets many in the senior population, and as Missouri’s official Senior Advocate, I will continue to fight for our seniors to make sure your constitutional rights are protected.”
Officials must cut through red tape to help vulnerable seniors, he says
JOPLIN – Lt. Governor Peter Kinder today heard from clients and staff at the Central Area Agency on Aging Senior Center in Joplin about their ongoing needs as the region continues to recover from a devastating tornado in May.
As the official Senior Advocate for the State of Missouri, Lt. Governor Kinder also testified last month before the Senate Interim Committee on Natural Disaster Recovery about the unique needs seniors faced in the wake of the disaster.
On Wednesday, Lt. Governor Kinder said state government must reduce red tape in the wake of natural disasters so seniors and their caretakers can quickly and easily get the help and care they need.
“It’s important that our seniors aren’t forced to navigate a lot of unnecessary bureaucratic rules to get the crucial care they need,” he said.
The May 22 tornado damaged the Joplin Senior Center, which was able to reopen last month.
Lt. Governor Kinder said Wednesday the facility’s return is critical to ensure seniors not only have a place to go for a nutritious meal each day, but that they have a comfortable place of companionship.
He also urged Gov. Jay Nixon to release state funding for meals at the center and for home-bound seniors. Nixon withheld $940,000 from the state budget for the program. After pressure from Lt. Governor Kinder and other senior service agencies, Nixon last month released half the funds.
“The full amount must be restored for this vital program, and I will continue to fight to see that it is restored,” Lt. Governor Kinder said.
Lt. Governor Kinder also discussed his constitutional challenge to the federal healthcare law and how the law’s mandates could hurt Missouri’s seniors. He said the law “unfairly targets many in the senior population, and as Missouri’s official Senior Advocate, I will continue to fight for our seniors to make sure your constitutional rights are protected.”
Lt. Governor Kinder Files Reply to Government in Constitutional Challenge to Individual Mandate
Aug. 31, 2011
Lt. Governor Kinder Files Reply to Government in Constitutional Challenge to Individual Mandate
JEFFERSON CITY – Lt. Governor Kinder filed his Reply Brief with the Eighth Circuit yesterday afternoon in his constitutional challenge to the Individual Mandate.
The government does not disagree that if Lt. Governor Kinder and Samantha Hill have standing, the Eighth Circuit should proceed to decide whether the Individual Mandate is constitutional. The Lt. Governor's Reply further explains the unconstitutionality of the Individual Mandate and why it should be struck down by the Court.
"The Individual Mandate directly infringes on our rights under the Constitution and the Missouri Health Care Freedom Act," Lt. Governor Kinder said. “As we all learned in grammar school, Our Founding Fathers conceived of the federal government as a government of limited enumerated powers. If Congress can force Missourians to buy a federally-mandated product they do not want, then we are no longer a government of limited power. The government’s argument would turn the Commerce Clause into an unlimited federal police power. This runs roughshod over the principles of federalism and the liberty of individual Missouri citizens.”
Lt. Governor Kinder’s constitutional challenge has garnered the support of 21 states, which filed a brief with the Eighth Circuit supporting his lawsuit. In addition, more than 150 elected executive and legislative officials from every state within the Eighth Circuit have also filed an amicus brief supporting Lt. Governor Kinder’s constitutional challenge.
On Aug. 12, the U.S. Court of Appeals for the 11th Circuit ruled that this “Individual Mandate” provision of the federal healthcare law is unconstitutional.
"The tremendous support for my challenge from 25 states along with the 11th Circuit's ruling demonstrates the growing consensus that the health care law passed by the last Congress violates the most fundamental tenants of our Constitution," said Lt. Governor Kinder. "The negative impact this law is having on our country is growing daily and we must continue in our efforts to have it overturned."
In another encouraging sign for the Lt. Governor’s challenge, the Eighth Circuit granted his motion for expedited oral argument. The Eighth Circuit will hear argument on this case when it next sits in St. Paul Minnesota the week of October 17th.
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.
Lt. Governor Kinder Files Reply to Government in Constitutional Challenge to Individual Mandate
JEFFERSON CITY – Lt. Governor Kinder filed his Reply Brief with the Eighth Circuit yesterday afternoon in his constitutional challenge to the Individual Mandate.
The government does not disagree that if Lt. Governor Kinder and Samantha Hill have standing, the Eighth Circuit should proceed to decide whether the Individual Mandate is constitutional. The Lt. Governor's Reply further explains the unconstitutionality of the Individual Mandate and why it should be struck down by the Court.
"The Individual Mandate directly infringes on our rights under the Constitution and the Missouri Health Care Freedom Act," Lt. Governor Kinder said. “As we all learned in grammar school, Our Founding Fathers conceived of the federal government as a government of limited enumerated powers. If Congress can force Missourians to buy a federally-mandated product they do not want, then we are no longer a government of limited power. The government’s argument would turn the Commerce Clause into an unlimited federal police power. This runs roughshod over the principles of federalism and the liberty of individual Missouri citizens.”
Lt. Governor Kinder’s constitutional challenge has garnered the support of 21 states, which filed a brief with the Eighth Circuit supporting his lawsuit. In addition, more than 150 elected executive and legislative officials from every state within the Eighth Circuit have also filed an amicus brief supporting Lt. Governor Kinder’s constitutional challenge.
On Aug. 12, the U.S. Court of Appeals for the 11th Circuit ruled that this “Individual Mandate” provision of the federal healthcare law is unconstitutional.
"The tremendous support for my challenge from 25 states along with the 11th Circuit's ruling demonstrates the growing consensus that the health care law passed by the last Congress violates the most fundamental tenants of our Constitution," said Lt. Governor Kinder. "The negative impact this law is having on our country is growing daily and we must continue in our efforts to have it overturned."
In another encouraging sign for the Lt. Governor’s challenge, the Eighth Circuit granted his motion for expedited oral argument. The Eighth Circuit will hear argument on this case when it next sits in St. Paul Minnesota the week of October 17th.
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.
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