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Attorney General Marty Jackley

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Health Care Lawsuit Hearing Status


Pierre, SD: Attorney General Marty J. Jackley announced that a court hearing was held today on the federal government’s motion to dismiss the 20 state claim challenging the constitutionality of the Federal Health Care Act.

A significant portion of the arguments focused upon the unfunded federal mandate and whether requiring all citizens to purchase qualifying health care insurance constitutes a permissible tax or an impermissible penalty. Additional arguments were heard on the federal government’s position that the states lack standing to raise the constitutional claims which would then require citizens to bring claims on their own behalf.

The Court has taken the arguments under advisement and is expected to issue a ruling on or before October 14, 2010.

For more information on the Health Care lawsuit, please, please visit the South Dakota Attorney General’s website at

For Immediate Release
Contact: Sara Rabern, (605) 773-3215