FOR IMMEDIATE RELEASE : Tuesday, March 27, 2012
CONTACT: Sara Rabern, (605) 773-3215
United States Supreme Court Update on States’ Challenge to the Federal Takeover on Healthcare
PIERRE, S.D. – Today’s argument focused upon whether or not Congress has exceeded its authority under the Constitution by forcing all citizens to purchase a product they may not want or desire. During oral argument, Justice Scalia recognized the long standing principle that under the 10th Amendment the federal government has limited authority with the majority of powers reserved to the states and individuals.
Justices expressed concern that under the federal government’s argument there would be little to no limitation over congressional authority. Justice Kennedy expressed further concerns that the Health Care Act would change the fundamental relationship between the federal government and the individual.
Tomorrow, the Justices will hear argument over severability of the individual mandate from the Health Care Act and whether the expansion of Medicaid violates the basic fundamental principles of federalism as annunciated in the South Dakota v. Dole case.
Pictured after Tuesday’s oral arguments on the steps of the U.S. Supreme Court:
Back row from left: Oklahoma Attorney General Scott Pruitt, Colorado Attorney General John Suthers, Wisconsin Attorney General J.B. Van Hollen, South Dakota Attorney General Marty Jackley, Florida Attorney General Pam Bondi, South Carolina Attorney General Alan Wilson, North Dakota Attorney General Wayne Stenehjem, Kansas Attorney General Derek Schmidt
Front row from left: Texas Attorney General Greg Abbott