tag:blogger.com,1999:blog-91478653354931371912024-03-05T03:27:47.610-06:00Health Care In ActionHealth Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.comBlogger68125tag:blogger.com,1999:blog-9147865335493137191.post-25568826165807235792012-03-08T14:42:00.001-06:002012-03-08T14:42:58.937-06:008th Circuit Panel Hears Arguments in Lt. Gov. Kinder’s Constitutional Challenge to Healthcare LawOct. 20, 2011<br /><br />Kinder ‘cautiously optimistic’ of a favorable ruling<br /> <br />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.<br /> <br />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.<br /> <br />“The Eighth Circuit is taking this case very seriously,” he said.<br /> <br />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.<br /> <br />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.<br /> <br />Kinder said he was grateful for the opportunity to have his arguments presented to the appeals court judges.<br /> <br />“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.<br /> <br />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.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-10476995539420337462012-03-08T14:41:00.000-06:002012-03-08T14:42:08.289-06:00Conference Call Set up for Media on Oral Arguments in Kinder’s Constitutional Challenge to Healthcare LawOct. 20, 2011<br /><br /><br />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.<br /> <br />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.<br /> <br />The format and call-in information is as follows:<br /> <br />WHAT: Media conference call on oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law<br />WHO: Lt. Governor Peter Kinder; Thor Hearne, attorney for Healthcare In Action; media<br />WHEN: 11:30 a.m., Thursday, Oct. 20<br />MEDIA CALL-IN INFO: Call 605-475-4000; Access Code: 1002794#<br />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.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-25318626461923031972012-03-08T14:40:00.000-06:002012-03-08T14:41:26.466-06:00U.S. Court of Appeals for Eighth Circuit to Hear Oral Arguments in Kinder Healthcare ChallengeOctober 19, 2011<br /><br /><br />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.<br /> <br />The court will give attorneys representing Lt. Governor Kinder and the federal government 30 minutes each to present arguments.<br /> <br />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.<br /> <br />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.<br /> <br />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. <br /> <br />WHAT: Oral arguments in Lt. Governor Kinder’s constitutional challenge to the individual mandate in the federal healthcare law<br />WHERE: Division II, Courtroom 5B<br />Warren E. Burger Federal Building and U.S. Courthouse<br />316 N. Robert St., St. Paul, Minn.<br />WHEN: 9 a.m.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-28153527065364558622012-03-08T14:37:00.001-06:002012-03-08T14:40:42.671-06:00Lt. Governor Kinder meets with seniors affected by Joplin tornado at Joplin Senior CenterSept. 21, 2011<br /><br /><br />Officials must cut through red tape to help vulnerable seniors, he says<br /> <br /> <br />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.<br /> <br />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.<br /> <br />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.<br /> <br />“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.<br /> <br />The May 22 tornado damaged the Joplin Senior Center, which was able to reopen last month.<br /> <br />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.<br /> <br />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. <br /> <br />“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.<br /> <br />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.”Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-85509327841644690982012-03-08T14:35:00.001-06:002012-03-08T14:36:57.653-06:00Lt. Governor Kinder Files Reply to Government in Constitutional Challenge to Individual MandateAug. 31, 2011<br /><br /> <span style="font-weight:bold;"><br />Lt. Governor Kinder Files Reply to Government in Constitutional Challenge to Individual Mandate</span><br /> <br /> <br />JEFFERSON CITY – Lt. Governor Kinder filed his Reply Brief with the Eighth Circuit yesterday afternoon in his constitutional challenge to the Individual Mandate.<br /> <br />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.<br /> <br />"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.”<br /> <br />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.<br /> <br />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.<br /> <br />"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."<br /> <br />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. <br /> <br />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.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-83226472598244733402011-08-23T17:19:00.003-05:002011-08-23T17:22:15.775-05:008/23/11 8th Circuit Agrees to Expedite Oral ArgumentsLt. Governor Peter Kinder welcomes opportunity to argue appeal
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<br />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.
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<br />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.
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<br />“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.”
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<br />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.
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<br />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.
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<br />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.
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<br />“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.”
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<br />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.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-8489231315830104072011-08-23T17:13:00.001-05:002011-08-23T17:16:20.538-05:008/12/11 Lt. Gov Kinder Applauds 11th Cir Ruling Declaring Individual Mandate UnconstitutionalLt. Governor Kinder Applauds 11th Circuit Ruling Declaring Individual Mandate Unconstitutional
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<br />JEFFERSON CITY: Lt. Governor Peter Kinder today released the following statement after the 11th Circuit ruled that the health care law’s individual mandate is unconstitutional.
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<br />"Today's decision is a great victory in the battle against the unconstitutional overreach of the health care law. The 11th Circuit boldly confirmed what my constitutional challenge claims: that Congress does not have the authority to force every American to purchase health insurance.
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<br />"Yesterday, in my constitutional challenge against this health care monstrosity, we filed a motion requesting expedited oral argument and that the argument time be extended to an hour. The Government acquiesced and did not oppose our motion. It is necessary that this crucial issue regarding our constitutional liberties and freedoms be fully heard and decided as soon as possible.
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<br />“Half of the states in the US are now represented in my constitutional challenge in the Eighth Circuit. Twenty-one states have demonstrated their support for our battle in Missouri by filing an amicus brief in my case. As well, more than 150 elected executive and legislative officials of states within the Eighth Circuit filed a separate amicus brief in support of our claims. These state officials included 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.
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<br />This tremendous level of support substantiates the negative impact the health care law is having on our country and the great need for it to be overturned. I am encouraged by today’s decision and the further support it gives to the claims of Missourians against this law. The 11th Circuit’s ruling states what Missourians said a year ago this month, by an overwhelming vote of 71%, that the individual mandate is unconstitutional and must be struck down."
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<br /> Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-54206520997769687202011-07-20T17:25:00.002-05:002011-07-20T17:34:56.958-05:007/19/11 21 States File Brief Supporting Lt. Gov Kinder's AppealJuly 19, 2011<br /><br />ST. LOUIS - Late Monday, 21 states filed a brief with the U.S. Court of Appeals for the Eighth Circuit supporting Lt. Governor Peter Kinder in his constitutional challenge to the Individual Mandate provision of the federal healthcare law, known as the Patient Protection and Affordable Care Act (PPAC).<br /><br />These states were represented by former U.S. Solicitor General Paul Clement, who joined Lt. Governor Kinder in asking the Eighth Circuit to "hold the individual mandate unconstitutional." <br /><br />Separately, more than 150 elected executive and legislative officials of states within the Eighth Circuit filed a brief asking the Eighth Circuit Court of Appeals to reach the substantive constitutional issue and not delay resolving the case on procedural grounds.<br /><br />"Time is of the essence and a decision on the constitutionality of the Individual mandate by (the Eighth Circuit) is needed as soon as possible," the brief said.<br />These state officials included Missouri House Speaker Steven Tilly, R-Perryville, and Missouri Senate Pro Tem Rob Mayer, R-Dexter, as well as 127 members of the Missouri Legislature. Arkansas Lt. Governor Mark Darr also signed on to the brief along with twenty-four legislators from Minnesota. These elected officials were represented by Chuck Cooper, a noted constitutional authority and former Assistant Attorney General under President Ronald Reagan and former law clerk to Chief Justice William Rehnquist.<br /><br />"This is very significant and welcome support of our challenge to the federal health care law," said Lt. Governor Kinder. "The support of twenty-one other states and all of these elected officials illustrates the importance of this case now pending before the Eighth Circuit."<br /><br />"This support also illustrates the broad consensus that Congress overstepped its constitutional authority when it passed this law forcing individuals to buy a specific insurance policy designed by federal bureaucrats," Kinder added. "I am confident the Eighth Circuit will consider the views of such respected constitutional authorities such as Paul Clement and Chuck Cooper."<br /><br />The Department of Justice will file its reply brief on Aug. 11. Missouri Attorney General Koster filed a brief in the 11th Circuit arguing the Individual Mandate is unconstitutional. But Koster has not brought any challenge to PPACA on behalf of Missouri as a state nor has he filed a brief supporting Lt. Gov. Kinder’s challenge. <br />The 21 states included in the brief are Texas, Florida, Alabama, Alaska, Arizona, Colorado, Georgia, Idaho, Louisiana, Maine, Michigan, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Utah, Washington and Wisconsin.<br /><br />The brief filed by the States can be viewed here: http://www.scribd.com/doc/60382348/21-states-file-brief-supporting-Kinder. <br /><br />The brief filed by 154 elected officials in the 8th Circuit can be viewed here:<br />http://www.scribd.com/doc/60382503/More-than-150-elected-officials-file-health-care-briefHealth Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-41459266140702784782011-06-15T18:21:00.002-05:002011-06-15T18:24:53.288-05:006/13/11 Lt. Governor Kinder Files Appellate Brief Before the 8th Circuit<div align="left">June 15, 2011<br /><br /><strong>Lt. Governor Kinder Files Brief in Eighth Circuit Court of Appeals challenging federal healthcare law<br /></strong><br /><br />ST. LOUIS – The U.S. Court of Appeals for the Eighth Circuit on Tuesday accepted the brief Missouri Lt. Governor Peter Kinder and Samantha Hill filed in their challenge to the constitutionality of the so-called “Individual Mandate” provision of the federal healthcare law. Kinder called upon the court to declare unconstitutional the provision making Missouri citizens buy a federally mandated insurance policy. <br /><br />Kinder said Missouri voters sent a clear message when they overwhelmingly approved the Health Care Freedom Act last August. Missouri voters’ message to overreaching liberal politicians in Washington was this: “Stay out of our health care decisions!”<br /><br />“The judges in two other federal courts already declared this law to be unconstitutional,” Kinder said. “We were disappointed U.S. District Judge Sippel sidestepped this important issue. But we believe the Eighth Circuit can – and should – address this issue of great constitutional importance to every Missouri citizen. And we are hopeful they will.” <br /><br />Kinder said defenders of the federal health care law known as the Patient Protection and Affordable Care Act or PPACA have yet to adequately address the fundamental problem Missourians have with the law. That is the issue of “individual mandates” – the law’s centerpiece and the focus of the appeal filed in the Eighth Circuit. “Simply put, the Constitution does not give the federal government the power to force citizens to buy things against their will,” he said.<br /><br />“What Congress has done is to order every American to buy a specific type of health insurance policy defined by the federal government. Should you refuse, you face the full authority of the federal government – with the IRS used to enforce compliance,” Kinder said. “This is not regulation of activity affecting interstate commerce, as the government spuriously contends. Rather, this is the ‘nanny state’ using the iron fist of the federal government to coerce citizens to buy a product which a bare majority of Congress happens to think they should buy. <br /><br />“Nancy Pelosi should not be picking Missourians’ insurance policies,” he added. “This is precisely the type of government tyranny the founders sought to prevent by creating a national government with only a few, well-defined powers. Congress’ strong-arming of citizens has always been repugnant to the Constitution’s guarantee of liberty.”<br /></div>Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-84813532267157951542011-04-27T09:50:00.002-05:002011-04-27T09:53:07.902-05:004/26/11 Lt. Gov Kinder Responds to Judge Sippel's Ruling on Gov. Motion to Dismiss<p align="center" style="text-align: left;"><span class="Apple-style-span" ><b><span style="font-family:"Arial","sans-serif"; color:black">April 26, 2011</span></b></span></p><p align="center" style="text-align:center"><span class="Apple-style-span" ><b><span style="font-family:"Arial","sans-serif"; color:black">Lt. Governor Kinder’s Response on Judge Sippel’s Ruling on Government’s Motion to Dismiss</span></b><span style="font-family: Arial, sans-serif; color: black; "><o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" > <o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" >JEFFERSON CITY – Lt. Governor Peter Kinder today released the following statement regarding Judge Rodney Sippel’s Ruling on the Government’s Motion to Dismiss:<o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" > <o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" >“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.<o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" > <o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" >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.<o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" > <o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" >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.<o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" > <o:p></o:p></span></span></p> <p><span style="font-family: Arial, sans-serif; color: black; "><span class="Apple-style-span" >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.”</span><span class="Apple-style-span" ><o:p></o:p></span></span></p>Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-10142843289680196182011-04-13T10:19:00.004-05:002011-04-13T10:24:03.184-05:00Lt. Gov Kinder discusses the Health Care Law with Greta Van Susteren on Fox News<div>April 11, 2011</div><div><br /></div><div>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. </div><div><br /></div><a href="http://www.youtube.com/watch?v=wM38LFM0Y2Q">http://www.youtube.com/watch?v=wM38LFM0Y2Q</a>Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-72453228556608434222011-04-12T14:18:00.000-05:002011-04-12T14:19:00.812-05:004/11/2011 Statement from Lt. Governor Kinder on Attorney General Koster Filing Amicus Brief in Florida Case<span style="font-weight:bold;">April 11, 2011<br /><br />Statement from Lt. Governor Kinder on Attorney General Koster Filing Amicus Brief in Florida Case</span><br /> <br />JEFFERSON CITY – Lt. Governor Peter Kinder today released the following statement after Attorney General Koster filed an amicus brief in the Florida case:<br /> <br />"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.<br /> <br />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. <br /> <br />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."Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-36145210945584351392011-04-12T14:16:00.001-05:002011-04-12T14:17:24.721-05:003/18/2011 Kinder, Mayer and Tilley Issue Second Letter to AG Koster on Health Care<span style="font-weight:bold;">March 18, 2011</span><br /><br />VIA HAND DELIVERY<br />The Honorable Chris Koster<br />Missouri Attorney General<br />Supreme Court Building<br />207 W. High St.<br />Jefferson City, Missouri 65102<br /><br />Dear Attorney General Koster:<br /><br />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.<br /><br />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).<br /><br />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.<br /><br />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.<br /><br />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?<br /><br />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.<br /><br /><br />Sincerely,<br /><br /><br />PETER D. KINDER ROBERT MAYER STEVEN TILLEY<br />Lieutenant Governor President Pro Tem Speaker of the HouseHealth Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-31162896829012411592011-04-12T14:07:00.004-05:002011-04-27T09:55:05.451-05:00Lt. Governor to Speak at UMKC Law School on March 4th regarding His Constitutional Challenge to the Health Care Law<span style="font-weight:bold;">February 24, 2011<br /><br />Lt. Governor Kinder to Speak on Health Care Lawsuit to UMKC Law School Republicans</span><br /><br />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.<br />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.<br />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.<br />The event will be at Noon in the UMKC Law School’s Student Lounge on Friday, March 4th.Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-37352483605153554942011-04-12T13:56:00.002-05:002011-04-12T14:12:14.139-05:002/3/2011 Koster, Mayer and Tilley Request Koster to Issue Legal Opinion on Health Care Law<span style="font-weight:bold;">February 3, 2011</span><br /><br />VIA HAND DELIVERY<br />The Honorable Chris Koster<br />Missouri Attorney General<br />Supreme Court Building<br />207 W. High St.<br />Jefferson City, Missouri 65102<br /> <br />Dear Attorney General Koster:<br /> <br />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”).<br /> <br />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.” <br /> <br />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."<br /> <br />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.<br /> <br />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?<br /> <br />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.<br /> <br />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.<br /> <br />Sincerely,<br /><br />PETER D. KINDER ROBERT MAYER STEVEN TILLEY<br />Lieutenant Governor President Pro Tem Speaker of the HouseHealth Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-8897461677356005582011-04-12T13:54:00.001-05:002011-04-12T13:56:20.291-05:001/31/2011 Statement from Lt. Governor Kinder on Florida Judge’s Federal Health Care Law Ruling<span style="font-weight:bold;">January 31, 2011<br /><br />Statement from Lt. Governor Kinder on Florida Judge’s Federal Health Care Law Ruling</span><br /><br />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:<br />"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.<br />"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."Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-4350705266694151122011-04-12T13:50:00.002-05:002011-04-12T13:54:27.630-05:001/26/2011 Statement from Lt. Governor Kinder on DOJ's Motion to Dismiss<span style="font-weight:bold;">January 26, 2011<br /><br />Kinder: Justice Department’s move to dismiss court challenge a 'desperate ploy'</span><br /><br />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:<br />"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.<br />"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.<br />"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."Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-61625671155543573982010-12-17T11:25:00.004-06:002010-12-17T11:39:47.052-06:00Lt. Gov. Kinder Debates the Health Care Mandate<div id="F55DDF44F9F4">A Virginia judge ruled that the President’s health care plan calling for an individual insurance mandate is unconstitutional. KMOX's Charlie Brennan talks with Mo. Lt. Gov. Peter Kinder and Thomas McAuliffe of the Missouri Foundation for Health, who take opposing viewpoints on this issue.</div><br><div id='F55DDF44F9F4'></div><script src='http://player.play.it/PodcastPlayer/Embed.js' type='text/javascript'></script><script type='text/javascript'>player.render('fileUrl=http://cbskmoxam.files.wordpress.com/2010/12/health-care-mandate.mp3&name=Health Care Mandate Lt. Gov. Peter Kinder Thomas McAuliffe&artist=Charlie Brennan&stationID=87&configFile=config.xml&buttonColor=0xd20000&buttonOverColor=0xa80000&backgroundColor=0xFFFFFF&guid=F55DDF44F9F4');</script>Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-14507027776771863442010-12-13T16:51:00.003-06:002010-12-13T16:55:21.917-06:00Lt. Gov. Peter Kinder Discusses the Virginia Ruling<p>Lt. Governor Peter Kinder took to the airways today to discuss a federal judge in Virginia's ruling that parts of the new federal health law are unconstitutional.</p><p><strong><span class="blsp-spelling-error" id="SPELLING_ERROR_0">KMOX</span>: The Mark <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Reardon</span> Show, December 13, 2010</strong></p><p><a href="http://tinyurl.com/3yaadz4">http://tinyurl.com/3yaadz4</a></p><p></p><p><strong>97.1 FM News Talk: The Dana Show, December 13, 2010</strong></p><p><a href="http://tinyurl.com/34rlkfy">http://tinyurl.com/34rlkfy</a></p><p></p>Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-56699735781611695232010-12-13T12:14:00.001-06:002010-12-13T12:14:42.927-06:00Statement from Lt. Governor Kinder on Virginia Judge’s Federal Health Care Law RulingST. LOUIS – Lt. Governor Peter Kinder today released the following statement after a federal judge in Virginia has ruled that parts of the new federal health law are unconstitutional:<br /><br />"Today's ruling is a victory not only for the people of the United States, but also for the freedoms we hold so dear. Judge Hudson's ruling confirms what many of us believed to be true nearly one year ago; that congress overstepped their authority in mandating that every American purchase health insurance.<br /> <br />"This ruling strengthens my lawsuit which currently awaits a hearing in a Missouri federal courtroom. This also boosts the efforts of more 20 other states that will bring their arguments before a Florida federal judge on Thursday.<br /><br />“With an overwhelming majority of states joining this constitutional challenge, I am calling on Missouri Attorney General Chris Koster to join me in this legal effort on behalf of the people of the Great State of Missouri.<br /><br />"Nearly one year ago, we watched as this law was passed in a series of back room deals and bribes, leaving cash strapped states like Missouri to cover the hefty tab. But now, with our continued efforts across state lines and with the new Congress expected to begin efforts on repealing and replacing this law with true, systematic health care reform, we are one step closer to putting an end to Washington’s attempt to control our health care system in America."Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-36464515690272909532010-11-11T10:11:00.000-06:002010-11-11T10:13:16.351-06:00Statement from Lt. Governor Kinder on Constitutional Challenge to Federal Health Care Law<em>FOR IMMEDIATE RELEASE November 11, 2010</em><br /><strong><br /><span style="font-size:130%;">Statement from Lt. Governor Kinder on Constitutional Challenge to Federal Health Care Law</span></strong><br /><br /><strong>CAPE GIRARDEAU</strong> – Lt. Governor Peter Kinder today issued the following statement regarding his ongoing constitutional challenge to the federal health care law:<br /><br />“127 days ago, I filed a legal challenge at the Rush H. Limbaugh, Sr. federal courthouse. This lawsuit has given voice to the concerns of many Missourians who oppose Washington’s control of our health care system. To this date, the Obama administration has remained silent. On Monday, the deadline for the defendants to respond had expired. Each defendant in our case was given service of process on two occasions. The government’s failure to respond in a timely fashion is a further expression of contempt and arrogance against the people of our state who overwhelmingly oppose this law.<br /><br />“Yesterday evening, our legal team filed a motion in which we have asked the court to order the Department of Justice to respond to this constitutional challenge within two weeks. This administration, like each of us, is answerable and accountable to the courts. The citizens joining me as plaintiffs in this case deserve to have their day in court, and all Missourians deserve to have their voices heard.”<br /><br /># # #Health Care In Actionhttp://www.blogger.com/profile/06567318229136656390noreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-74492815295178513982010-08-05T11:38:00.000-05:002010-08-05T11:39:13.510-05:00America's Newsroom: Missouri Voters Challenge Health Care Overhaul<script type="text/javascript" src="http://video.foxnews.com/v/embed.js?id=4303131&w=466&h=263"></script><noscript>Watch the latest video at <a href="http://video.foxnews.com">video.foxnews.com</a></noscript>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-9147865335493137191.post-61823242680580384712010-08-05T10:03:00.003-05:002010-08-05T10:03:47.095-05:00Fox Business: 71% Vote Against Mandating Insurance in Missouri<script type="text/javascript" src="http://video.foxbusiness.com/v/embed.js?id=4302959&w=466&h=263"></script><noscript>Watch the latest video at <a href="http://video.foxbusiness.com">video.foxbusiness.com</a></noscript>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-72764951396867259182010-08-05T10:03:00.001-05:002010-08-05T10:03:23.623-05:00On the Record: Missouri Rejects Key Obama Health Care Mandate: What It Means<script type="text/javascript" src="http://video.foxnews.com/v/embed.js?id=4302736&w=466&h=263"></script><noscript>Watch the latest video at <a href="http://video.foxnews.com">video.foxnews.com</a></noscript>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-9147865335493137191.post-66778166150405941672010-08-04T08:58:00.002-05:002010-08-04T09:05:13.461-05:00Human Events: Missouri Voters Soundly Reject Health Care Mandate<p>by <a href="http://www.humanevents.com/search.php?author_name=Robert">Robert B. Bluey </a><br /></p><p>Missouri voters dealt Obamacare a significant setback yesterday, approving a statewide ballot measure by an overwhelming 71 percent.<br /><br />The vote was the first time citizens had an opportunity to cast a ballot on the unpopular healthcare law. Missouri's measure prohibits the federal government from enforcing the individual mandate to buy health insurance. The victory sends a strong message about Obamacare in a bellwether state.<br /><br />"We're excited and proud to be ground zero in the battle against this misbegotten federal healthcare reform," said Missouri Lt. Gov. Peter Kinder in an exclusive interview. "We had the first vote in the nation in the Show-Me State. And we're showing the nation the way to repeal and replace this big government, big bureaucracy, one-size-fits-all law."<br /><br /><a href="http://oascentral.humanevents.com/RealMedia/ads/click_lx.ads/humanevents.com/article/L23/1427490009/Middle/EaglePub/Regnery_HEhouse_0622/2010-0729_Obamacare_300x250.gif/714b593242307738676f494141445175?x" target="new"></a>The vote in favor of Proposition C came despite a well-funded campaign from the Missouri Hospital Association to oppose the ballot measure. Contrary to a myth spread by the left, opponents had a sizable advantage in resources. The Missouri Hospital Association spent more than $400,000, while Missourians for Health Care Freedom estimated its spending would total about $100,000 in support of Proposition C.<br /><br />The vote came just one day after a federal judge allowed Virginia's case against the individual mandate to proceed. Virginia Atty. Gen. Ken Cuccinelli challenged the Obamacare provision on the grounds that the federal government cannot regulate a person's decision to purchase a product such as insurance. U.S. District Judge Henry E. Hudson rejected the Obama Administration's request to dismiss the case Monday.<br /><br />This week's events are symbolic in the effort to repeal Obamacare. Missouri is one of four states to put Obamacare on the ballot this year. The other three—Arizona, Florida and Oklahoma—have constitutional amendments up for consideration in November.<br /><br />The statewide efforts stem from the American Legislative Exchange Council's Freedom of Choice in Health Care Act. The model legislation protects a patient's rights to pay directly for medical services and prohibits the federal government from imposing penalties on individuals for declining participation in a healthcare plan. Five states have already enacted statutory measures: Arizona, Georgia, Idaho, Louisiana and Virginia. Lawmakers in 38 states have introduced the model legislation and three other states are planning to do so soon.<br /><br />The American Legislative Exchange Council holds its annual meeting later this week in San Diego. Kinder will be on hand to discuss Missouri's efforts to halt Obamacare. Reps. Rob Bishop (R.-Utah) and John Shadegg (R.-Ariz.) will join him for a session on federalism. Another group of health care experts will debate repeal vs. implementation of the health care law.<br /><br />In addition to the Missouri ballot measure, the Republican Kinder is also challenging Obamacare in court with three other plaintiffs. He said passage of the ballot measure will bolster his lawsuit.<br /><br />"My case will be strengthened," he said. "It will strengthen the multi-state effort to roll back this federal law."<br /><br />One of the plaintiffs in the Kinder lawsuit is Dale Lee Morris, a 74-year-old enrolled in Medicare Advantage. She argues changes to Medicare Advantage will reduce her access to healthcare. Obamacare mandates deeps cuts to Medicare Advantage, prompting a sharp reduction in enrollment in the coming years.<br /><br />Kinder's lawsuit differs from other states because he's pursuing the case without the support of the state's Democratic governor or Democratic attorney general. He said that hasn't dissuaded him.<br /><br />"Fortune favors the bold," Kinder said. "We need to be leading out front on this. We need other states to put it on the ballot like we did. Or pass it through their state legislatures. And continue the grassroots uprising that's spreading like a prairie fire all across America."</p><p><a href="http://www.humanevents.com/article.php?id=38393"><span style="font-size:130%;">http://www.humanevents.com/article.php?id=38393</span></a></p>Unknownnoreply@blogger.com0