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Friday, October 8, 2010

Lt. Gov. Kinder Unconcerned About Impact of Yesterday's Ruling on Health Care Lawsuit

Posted By on Fri, Oct 8, 2010 at 1:00 PM

click to enlarge Kinder: Does this man look worried?
  • Kinder: Does this man look worried?
As you may have heard, yesterday a federal judge in Detroit 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.

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