Missouri

This article is part of the State Status and News series related to the Patient Protection and Affordable Care Act.

Dozens of Missouri House Republicans are calling upon Attorney General Chris Koster to challenge the new federal health care law.

A resolution by House Republican Caucus Chairman Ward Franz, of West Plains, asks Koster to join a lawsuit filed by other states or file his own lawsuit against the federal government. The resolution has more than 60 co-sponsors.

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Associated Press. “House Republicans Want Mo. Suit Over Health Care”. New York Times. April 1, 2010. Available online as of 2010-04-05.

Note that each Associated Press report published in the New York Times concludes with the statement “Many legal experts say the lawsuits by other states are unlikely to succeed” without identifying such “legal experts.”

Missouri Lt. Gov. Peter Kinder will be on Fox News tonight to talk about his plans for joining a lawsuit opposing the recently passed health-care law.

He'll appear on “On the Record,” Greta Van Susteren's 9 p.m. show.

Kinder announced last month that he would seek to join the lawsuit, which was brought by Florida's attorney general and has been joined by attorneys general in several other states.

But it's unclear at this point whether Kinder, as lieutenant governor, has the authority to join the suit.

After announcing his intent to reporters at the Capitol, Kinder quickly exited the press conference he had called and declined to provide more detail on his plans.

Hopefully he'll fill in the blanks with Ms. Van Susteren tonight.

Noble, Jason. Kansas City Star (blog). April 7, 2010. Available online as of 2010-04-07.

Missouri Lieutenant Governor Peter Kinder is moving forward with his lawsuit to challenge the federal health care law.

Kinder says he plans to file it by the end of the month.

Kinder says the health care legislation is an infringement on the rights of Missourians.

He also says the cost will hurt Missouri's budget.

In many of the other states taking a similar action, but in most cases it's the state's attorney general that's filing suit.

Missouri Attorney General Chris Koster has not taken legal action.

“Kinder Moves Ahead With Health Care Lawsuit”. Nexstar Broadcasting, Inc d/b/a Ozarks First. hursday, Apr 8, 2010, 05:52am CDT. Available online as of 2010-04-08.

Missouri would assert its sovereignty and reject various federal policies under a proposed constitutional amendment given preliminary approval by the state House Wednesday.

The proposal says Missouri will not enforce or recognize various federal policies, including those dealing with hate crimes, gun control and allowing civil unions or same-sex marriage. It also seeks to reject federal health care policies establishing a public option or rationing care and seeks to block a “cap and trade” approach to reduce pollution blamed for global warming.

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The House endorsed the proposed constitutional amendment 90-69, and it needs another vote before moving to the Senate. If approved by the Legislature, the measure could appear on the ballot in November.

Associated Press. “UPDATE: Missouri House gives preliminary approval to state sovereignty measure”. Columbia Missourian. April 8, 2010. Available online as of 2010-04-08.

The Missouri House passed a resolution on Thursday intended to reassert the rights of the state against federal control.

If passed by the Senate and approved by voters in November, the resolution would amend the state’s constitution. The changes would prohibit any branch of Missouri’s government from enforcing any federal restrictions that would exceed the power granted to it by the Constitution, such as regulations prohibiting the right to bear firearms, legalizing or funding abortions, mandating same-sex marriages, increasing penalties for hate crimes and imposing taxes or fees on carbon emissions.

It also prohibits Missouri government from enforcing provisions of a federal health care plan, such as a requirement for businesses to provide health insurance to employees and mandates on health insurance providers for what benefits they can provide.

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Denney, Andrew. “Missouri House Passes Sovereignty Resolution”. (St. Joseph, MO) News-Press. April 9, 2010. Available online as of 2010-04-08.