Lt. Governor Kinder Challenges Individual Mandate

7 years 3 weeks 2 days ago Wednesday, August 31 2011 Aug 31, 2011 Wednesday, August 31, 2011 3:36:00 PM CDT August 31, 2011 in News

JEFFERSON CITY - Lt. Governor Kinder filed his Reply Brief with the Eighth Circuit Tuesday 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.

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