Attorney General Chris Koster’s Amicus Brief Only Goes Halfway

State and Local Government |
By Christine Harbin | Read Time 2 minutes

The Show-Me Institute has been one of the leaders in urging Missouri’s attorney general, Chris Koster, to join the lawsuit against the health care reform bill, so we are pleased to note that he finally took action this morning. Better late than never. But regrettably, the amicus brief that Koster filed in the multistate lawsuit only goes halfway.

Although Koster says that the individual mandate is unconstitutional, he also says that it’s severable from the rest of the law. In other words, Koster believes that the federal health care law can remain in place even though the individual insurance mandate can be struck down.

Judge George Vinson went further in his ruling. He ruled that Congress does not have the power to force people to buy something that they don’t want, and therefore the entire law must be declared void.

I understand that many people object to the regulation because of the individual mandate. However, there are additional reasons to oppose this law in Missouri. With or without the individual mandate, the PPACA will raise the cost of health care in Missouri by increasing mandates to cover specific conditions and expanding the eligibility requirements for Medicaid. This component of policy will burden state budgets and threaten state sovereignty. In order to come up with the cash, Missouri will have to raise taxes, cut services, or both.

Koster’s decision to file an amicus brief may be partly due to the Show-Me Intitute’s prodding. Encouraging him to join the lawsuit is a topic that we’ve tracked closely. Show-Me Institute staff have released an open letter, an editorial, an “urgent call for action” via email, and several blog posts on the subject.

About the Author

Christine Harbin Christine Harbin, a native of Wisconsin, joined the Show-Me Institute as a research analyst in July 2009. She worked as a policy analyst at the Show-Me Institute until her departure in early 2011. She holds undergraduate degrees in economics, mathematics, and French from the University of WisconsinMadison, and an MBA with an emphasis in operations management from the University of WisconsinEau Claire. She interned with the National Economic Council at the White House in Washington, D.C., during spring 2007. Prior to joining the Show-Me Institute, she worked as an advance planning analyst for hospitals and health care systems.

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