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Attorney General Marty Jackley

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26 State Challenge to Federal Healthcare Update and National Press Event Scheduled

FOR IMMEDIATE RELEASE :      Friday, March 2, 2012
CONTACT:   Sara Rabern,  (605) 773-3215

26 State Challenge to Federal Healthcare Update and National Press Event Scheduled


PIERRE, S.D.  –  Attorney General Marty Jackley releases further detail on U.S. Supreme Court’s oral argument in the Federal Healthcare Reform Act case.  The U.S. Supreme Court has allotted six hours for oral argument beginning Monday, March 26th and continuing through Wednesday, March 28th.  On Monday, March 26th, the Court will hear 90 minutes of oral argument on the jurisdictional issue of whether the Federal Anti-Injunction Act bars challenged to the individual mandate.  On Tuesday, March 27th, the Court will hear two hours of oral argument limited to the issue of whether the individual mandate is constitutional.   On Wednesday, March 28th, the Court will hear 90 minutes of oral argument on the severability argument.  On Wednesday, the Court will also hear one hour of oral argument on whether the Medicaid Expansion is coercion under South Dakota v. Dole and thus violates “basic principles of federalism.”  

On Monday, March 5, at 9:30 a.m. ET, the National Republican Attorneys General Association is scheduled to hold a press event in Washington  D.C. addressing concerning federal intrusion into areas traditionally reserved for the states.  At this event, Attorney General Jackley will be responsible for addressing the States’ position in the Federal Health Care Legislation that Congress exceeded its enumerated powers and violated basic principles of federalism by coercing states into expanding Medicaid as recognized in the South Dakota v. Dole case. 

The Federal Healthcare Act’s individual mandate forces Medicaid eligible individuals to obtain and maintain health insurance.  The Act’s expansion of coverage is estimated to increase national Medicaid enrollment by 16 million individuals by the end of the decade.  This has been estimated to increase federal costs in the amount of $434 to $532 billion, and state costs in the amount of $20 to $43.2 billion, as well as creating massive administrative costs.  It is estimated by the South Dakota Department of Social Services that South Dakota’s Medicaid program’s monthly enrollment will increase from approximately 101,000 to 155,100 individuals. It is estimated that South Dakota’s cost will increase $62.6 million from 2010 to 2019, and $36 million annually thereafter.  It is further estimated that it will cost $37.1 million to cover these related administrative expenses for 2014 through 2019.  Because South Dakota is responsibly required to have a balanced budget, these significant cost increases remain an ongoing concern for the financial well-being of our state.