State of South Dakota Joins Multi-State Litigation Challenging Health Care Legislation

PIERRE, S.D.-   Governor Mike Rounds and Attorney General Marty Jackley announced today that the State of South Dakota has joined the multi-state litigation challenging the new health care reform bill.  Thirteen states have voiced through this litigation that Congress has overstepped its legal authority with this legislation.

“Congress has exceeded its Constitutional authority with this unfunded federal mandate forcing all citizens to have qualifying health coverage or face a penalty.” said Jackley. “This federalistic encroachment on state’s rights to govern has gone too far.”

“We have joined other states in this challenge of the authority of Congress to compel individuals to purchase or contract for health insurance,” Gov. Rounds said Tuesday.

“We considered waiting until after the reconciliation process to join the lawsuit because some of the details of the legislation may change, but the underlying legal theories will not change,” the Governor added. “At the same time, we understand our obligation to implement this far-reaching legislation in a timely fashion – if it is upheld in the courts.”

The bipartisan lawsuit was filed by 13 Attorneys General from Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho and South Dakota, and is the first challenge of the new law, filed today in the United States Federal District Court in Florida.  Additional states are in discussions of joining the litigation in the near future.  

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