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.
August 23, 2011
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.
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.
8/12/11 Lt. Gov Kinder Applauds 11th Cir Ruling Declaring Individual Mandate Unconstitutional
Lt. Governor Kinder Applauds 11th Circuit Ruling Declaring Individual Mandate Unconstitutional
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.
"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.
"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.
“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.
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."
###
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.
"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.
"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.
“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.
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."
###
July 20, 2011
7/19/11 21 States File Brief Supporting Lt. Gov Kinder's Appeal
July 19, 2011
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).
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."
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.
"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.
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.
"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."
"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."
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.
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.
The brief filed by the States can be viewed here: http://www.scribd.com/doc/60382348/21-states-file-brief-supporting-Kinder.
The brief filed by 154 elected officials in the 8th Circuit can be viewed here:
http://www.scribd.com/doc/60382503/More-than-150-elected-officials-file-health-care-brief
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).
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."
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.
"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.
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.
"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."
"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."
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.
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.
The brief filed by the States can be viewed here: http://www.scribd.com/doc/60382348/21-states-file-brief-supporting-Kinder.
The brief filed by 154 elected officials in the 8th Circuit can be viewed here:
http://www.scribd.com/doc/60382503/More-than-150-elected-officials-file-health-care-brief
June 15, 2011
6/13/11 Lt. Governor Kinder Files Appellate Brief Before the 8th Circuit
June 15, 2011
Lt. Governor Kinder Files Brief in Eighth Circuit Court of Appeals challenging federal healthcare law
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.
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!”
“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.”
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.
“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.
“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.”
Lt. Governor Kinder Files Brief in Eighth Circuit Court of Appeals challenging federal healthcare law
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.
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!”
“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.”
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.
“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.
“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.”
April 27, 2011
4/26/11 Lt. Gov Kinder Responds to Judge Sippel's Ruling on Gov. Motion to Dismiss
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.”
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