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Attorney General Marty Jackley

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Federal Health Care Lawsuit


FOR IMMEDIATE RELEASE :   Thursday, December 1, 2011
CONTACT: Sara Rabern, (605) 773-3215


Federal Health Care Lawsuit


PIERRE, S.D. – Attorney General Marty Jackley releases further details on the U.S. Supreme Court’s oral argument in the Federal Health Care Reform Act case. The Court has allotted five-and-a-half hours for oral arguments expected to be heard by this February or March, with a decision potentially by late June 2012.
The agenda is listed below:
Oral Argument Agenda
Whether the individual mandate requiring Americans to purchase
qualifying health product is severable from the entire Health Care
Act                                                                                                                              90 minutes
Whether Congress had authority to enact the individual coverage
provision                                                                                                                    120 minutes
Whether challenges to the Health Care Act are barred by the Anti-Injunction
Act, (The Court will also advise whether the Anti-Injunction Act, that precludes
certain court action seeking to prevent the assessment and collection of taxes,
precludes a court from hearing the State’s claims to enjoin the operation
of individual mandate.)                                                                                              60 minutes
Whether the Medicaid expansion spills from encouragement to coercion under
SouthDakota v. Dole and thus violates “basic principles of federalism”                    60 minutes
“I am pleased that the U.S. Supreme Court has agreed to address this significant Congressional action,” 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 in favor of the states determining 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.