COLUMBIA — The Missouri House voted to call upon Gov. Jay Nixon and Attorney General Chris Koster, both Democrats, to join a lawsuit filed by 20 other states challenging the federal health care law passed by Congress last year, according to a previous Missourian report.
Missourian reporter Alysha Love outlined how the resolution calls into question the constitutionality of the law:
- Misuse of the Commerce Clause, which the existing lawsuit states does not authorize the federal government to mandate health care.
- Violation of the 10th Amendment, which allows the federal government no authority beyond the powers granted in the Constitution, such as mandating states to expand Medicaid.
- Inability of the states to bear the increased costs to Medicaid without reimbursement from the federal government.
Koster and Nixon are not legally bound to the resolution, but are being called to join the lawsuit or begin their own.
In July, Republican Lt. Gov. Peter Kinder filed a suit against members of the Obama administration who enforced the provisions of the law.
Rep. Jean Peters-Baker, D-Kansas City, said the only effect of the resolution is the state's cost in helping pay for the lawsuit, which she said will proceed regardless of Missouri's participation.
Should Gov. Nixon and Attorney General Koster join the lawsuit against the federal health care law?