struck down a Michigan lawsuit
that challenged the constitutionality of the federal health care law passed back in March.
So, we know what you're thinking now: Will that ruling impact a similar lawsuit that Missouri Lt. Gov. Peter Kinder filed against the federal government
in July? And is the lieutenant governor at all concerned about yesterday's ruling?
The short answer: Not at all.
Here, though, is how Kinder's spokesman, Gary McElyea responded when Daily RFT
presented the questions above to the L.G.'s office this morning.
"The Michigan ruling is a perfect example of how activist judges try to
sway public opinion with rulings backing up political agendas. An
overwhelming number of American's are opposed to the government mandate
on healthcare, and the price tag that is attached. Recently, a federal
judge in Virginia has thrown out the Obama administration's attempt to
dismiss that health care legal challenge because of the serious
constitutional claims found within. A federal judge in Florida is
expected to do the same, at least on some counts.
"We believe the ruling in Virginia, and the continued efforts in
Florida, prove the claims we are bringing deserve serious consideration
in federal court."
Kinder's lawsuit (read it here
) argues that the federal health care law is unconstitutional because it "invades Missouri's right as a state and co- sovereign" to determine adequate health coverage for state employees thereby violating the 10th Amendment that states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (The Michigan lawsuit struck down yesterday argued that the health care law violated the Constitution's "commerce clause
Treasury Secretary Timothy Geitner, Attorney General Eric Holder, Health and Human Services Secretary Kathleen Sebelius and other federal officials were mailed summons on Kinder's lawsuit back on August 23. Per federal law, they have 60 days from receipt of the summons to respond.
As you may have heard, yesterday a federal judge in Detroit