I had a conversation last weekend about our lieutenant governor’s decision to sue the United States of America concerning the Patient Protection and Affordable Care Act, Public Law No: 111-148.
I am glad he is suing. He may have valid point. However, I am also scared his lawsuit will destroy the Missouri Democratic Party, the Democratic National Committee and the Obama administration.
Peter Kinder, joined by the three other citizens, is not the only player in this field. At least 14 states are suing the federal government, calling the reform provision a violation of amendments 9 and 10 of the Constitution. Kinder is not suing on behalf of Missouri, but as a private individual.
Kinder is doing what every citizen has the right to do: addressing his grievances against the government for an act he feels is unconstitutional. I think it is great and cannot fault him for doing it. Yes, he is trying to make nice with the right-wing radicals and may be setting himself up for the next gubernatorial race, but he is doing something in the process, bringing the issue of health care back on the table.
Yes, I am supporting Kinder’s right to file such an action. However, we cannot lose the little reform we have gained.
Knowing the health insurance industry as well as I do, I can say two things concerning the future effects of health care reform:
- Insurance companies are in business to make money, not to provide social services like bandaging your boo-boos, and
- even with the new “reforms,” the health insurance industry will find a way to rip off the consumer.
As of Monday, Kinder’s filing was being challenged by Attorney General Chris Koster, who says that Kinder may have filed a portion of the complaint under his official title rather than a private citizen.
Yet, I am more concerned about Prop C and if it is a calculated attack to put the Obama administration in a truly no-win situation.
This Aug. 3 ballot issue reads, “Shall the Missouri Statutes be amended to: Deny the government authority to penalize citizens for refusing to purchase private health insurance or infringe upon the right to offer or accept direct payment for lawful health care services? Modify laws regarding the liquidation of certain domestic insurance companies?”
This is a states' rights issue and one that I believe Missouri cannot win. Article VI, Clause 2, the Supremacy Clause, says that federal law is the supreme law of the land.
If the United States Supreme Court rules that Public Law No: 111-148 is constitutional, and if Proposition C passes and is found invalid, the anti-federalist movements will have the boost they have been looking for. The president and all Democrats, progressives and liberals will have no place to go but out. The tea party movement and neo-conservatives will have enough ammunition to not only defeat the liberal and progressive movements in the 2010, '11 and '12 elections, but possibly for decades.
I am afraid the president has not played this one well. As soon as Obama thinks he has his opponents and detractors in "check" in that great chess game of politics, his opponents have him at "mate." It is a no-win situation.
As a twist to Koster’s actions against Kinder, the Attorney General’s Office is representing the legislature by defending it against a lawsuit seeking to remove Prop C from the ballot. The issue was heard by the Cole County District Court (Case number 10ac-cc00413) on Tuesday. As of this writing, a disposition has not been made.
It is the Great Conservative Battle Plan. The passage of Proposition C and similar referendums around the country may ring the political death knell for Obama and company. We have heard little concerning this issue and if the Democrats do not say something now, loud and clear, they will be in trouble.
On Aug. 4, I hope we will be talking about a victory and not planning a wake.
David Rosman is an award-winning editor, writer, professional speaker and college instructor in communications, ethics, business and politics. You can read more of David’s commentaries at InkandVoice.com and New York Journal of Books.