PIERRE, S.D.  Attorney General Marty Jackley announced today the United States Department of Justice has filed a petition with the United States Supreme Court seeking review of the lower court decisions holding the Federal Health Care Reform Act as unconstitutional. He and other State Attorneys General are responding in order to preserve and expand upon the lower courts decisions and emphasize the importance of individual and state rights.  

“Both the federal trial court and appellate court have ruled that Congress has exceeded its authority with this unprecedented mandate requiring all individuals to purchase health insurance,” said Jackley. “We will continue this fight to protect state and individual rights, and to avoid the adverse impact on our state budget.”

One of the issues presented by the Attorneys General is whether the limitation of Congress’ spending power, as recognized in the historic U.S. Supreme Court case, South Dakota v. Dole, 483 U.S. 203 (1987), remains the law of the land.

 

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. On January 31, 2011, the U.S. Federal Court ruled that the Health-Care Reform Act was unconstitutional. On August 12, 2011, the 11^th Circuit Appellate Court affirmed the federal trial court’s determination that Congress had exceeded its constitutional authority with the mandate.

 

As recognized by the Appellate Court, "What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”

 

CONTACT: Sara Rabern, (605) 773-3215