Missouri Democratic AG Files Brief Opposing “Obamacare”

April 15, 2011 05:18


The Democratic attorney general of Missouri, a clear battle-ground state in the 2012 election, filed a legal brief supporting a lawsuit that challenges the federal health care law passed last year.

The Americano

Chris Koster, Missouri’s Attorney General, is not a household name. Until Monday, he was not one whose actions would be picked up immediately by the national news media.

Yet on Monday Koster did something that warranted attention. The Democratic attorney general of Missouri, a clear battle-ground state in the 2012 election, filed a legal brief supporting a lawsuit that challenges the federal health care law passed last year.

No, you did not make a mistake in reading the previous paragraph.

While Koster’s “friend of the court” brief does not add the state of Missouri to the joint-law suit brought forth by Florida and 25 other states, it does sound an alarming bell for Democrats running for office in battle-ground states.

According to Koster’s suit the Affordable Care Act’s “individual mandate” (the principle guiding force in Obamacare) for the purchase of health insurance is unconstitutional.

The mandate in the health-care reform law requires every individual in the country to obtain some level of health insurance beginning in 2014.

According to Associated Press, a federal judge in Florida ruled in January that because the individual mandate is unconstitutional and invalid, the entire law must be thrown out. The federal government, which is defending the law, has appealed.

The issue is likely to be decided by the Supreme Court.

But while that happens, Koster’s brief, essentially asks the appeals court to settle two questions: whether the U.S. Constitution can be interpreted to allow the mandate and whether the rest of the law can be preserved if the individual mandate is thrown out. This is a clear indication of growing concern among Democratic politicians who must run for office in 2012.

AP said that the Democratic attorney general’s action follows months of pleas from Republican lawmakers to join the lawsuit or express some perspective on it.

It makes sense, for last August, a statewide vote in Missouri put voters in the “show-me” state clearly in the camp of those who believe the “individual mandate” should not be binding on the residents of the states. Seven out of 10 Missouri voters expressed this view, which earlier this year was also approved in a nonbinding resolution by the Missouri House and Senate.

The AP said that in a letter to legislative leaders, Koster said he filed the brief to highlight the legitimate constitutional questions raised by the law but stressed the legal argument is not based on opposition to “the expansion of health coverage for uninsured Americans.”

“To the contrary,” Koster wrote, “I favor the expansion of health coverage.”

Yet he was covering his base by trying to please all sides, and pleasing none.

House floor leader Tim Jones, a St. Louis County Republican, called the response tepid but welcome nonetheless.

“He’s waded into it (in) the most gentle way he could and it would’ve been nice to see a more aggressive stance from him, but we’re glad he’s come to the party,” Jones said.

Others, like Republican Lt. Gov. Peter Kinder said the move came “a day late and a dollar short” and did not effectively advocate for the interests of Missouri citizens.

The New York Times said it bluntly in its lead paragraph to the story: “Missouri’s Democratic attorney general broke with his party on Monday and urged a federal judge to invalidate the central provision of the new health care law.”

No need to say anything else.

The Americano/Agencies



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