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Attorney General Marty Jackley

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U.S. Supreme Court to Hear Arguments in Federal Health Care Reform Act Lawsuit


PIERRE, S.D.  Attorney General Marty Jackley announced today the U.S. Supreme Court has agreed to hear the challenge to the Federal Health Care Reform Act. In September, the U.S. Department of Justice filed a petition with the U.S. Supreme Court seeking review of the lower court decisions holding the Federal Health Care Reform Act as unconstitutional. Jackley and other State Attorneys General responded in order to preserve and expand upon the lower courts decisions and emphasize the importance of individual and state rights. Oral arguments are expected to be heard by February or March, with a decision by late June 2012.
“The Attorney General’s Office is pleased that the U.S. Supreme Court has agreed to hear the lawsuit,” said Jackley. “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. We will continue this fight to protect state and individual rights, and to avoid the adverse impact on our state budget.”
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 11th Circuit Appellate Court affirmed the federal trial court’s determination that Congress had exceeded its constitutional authority with the mandate.
FOR IMMEDIATE RELEASE :     Monday, November 14, 2011
CONTACT: Sara Rabern, (605) 773-3215