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.