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Attorney General Marty Jackley

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Attorney General Jackley Announces that Health-Care Reform Act Ruled Unconstitutional


PIERRE, S.D.- Attorney General Marty Jackley announced that U.S. Federal District Court, Judge Roger Vinson, today ruled that the Health-Care Reform Act is unconstitutional. The Federal Court ruled that the provisions requiring Americans over 18 to obtain qualifying insurance coverage or face a penalty exceeded Congress’ powers under the Commerce Clause of the U.S. Constitution.
On March 23, 2010, South Dakota joined Florida and 12 other states in the lawsuit. The multi-state litigation challenging the Health-Care Reform Act has now expanded to 26 states plus the assistance of Virginia. In October, the U.S. Federal Court denied the federal government’s motion to dismiss the multi-state healthcare suit.
“Improving healthcare is too important to build on an unconstitutional foundation through a process that failed to respect the rights of states and individuals,” stated Attorney General Jackley. “Today’s Court ruling confirms that Congress’ powers are not unlimited, and that individual and state’s rights must be respected. Although an appeal of this decision by the federal government is eminent, the Federal Court has now given Congress direction to bring needed change to our healthcare system within the framework of our Constitution.”
FOR IMMEDIATE RELEASE:   Monday, January 31, 2011  
CONTACT: Sara Rabern, (605) 773-3215