Missouri Argues Against Constitutionality of Reform Law

Election year posturing, or genuine beef? The Missouri attorney general, a Democrat, is coming out against the PPACA, citing the law’s unconstitutionality. Although this former Republican — he switched parties prior to running for AG in that state — agrees with the expansion of healthcare accessibility, he disagrees with the insurance mandate.

The state of Missouri is not an official litigant in the multi-state lawsuit against the DOJ, but its AG is arguing against the White House’s defense of the commerce clause — that the legislative branch has the authority to regulate the economic activity of health insurance as something that affects interstate commerce, even though insurance has been traditionally been regulated by individual states.

According to the Missouri AG, Congress cannot compel or force an individual to obtain health insurance as the individual has not chosen to participate in a “stream of commerce” simply because that individual exists as “inactive” in this respect. He seems to have the will of the voters on his side, as Missouri’s symbolic midterm referendum (placed on the ballot by that state’s GOP-controlled legislature) on this issue reflected an overwhelming majority support (71 percent of voters) for the reform law’s unconstitutionality. Looks like another state may be joining the fray. | LINK to MO AG’s amicus brief with the 11th Circuit Court