Missouri’s Democrat attorney general, Chris Koster, just joined the fight against ObamaCare.
Mr. Koster’s action followed months of pressure from state Republicans that he join attorneys general from other states who are challenging the constitutionality of the law.
Rather than join the litigation, however, Mr. Koster chose to file a “friend of the court” brief, or legal argument, in the Court of Appeals for the 11th Circuit in Atlanta, which is reviewing one of five challenges to the act that have moved into the midlevel appellate courts.
Koster, a Republican turned Democrat in 2007, is going to reap a hurricane from the left. But probably not from Missouri’s voters, who approved a non-binding resolution to nullify ObamaCare last year by about three to one. But before we get too excited, he just wants to strip out the individual mandate and leave the rest of the law intact.
Though Mr. Koster has been slow to weigh in, he did not mince words, arguing in the brief that Congress had overstepped its authority by mandating that individuals purchase health insurance, which he called “a substantial blow to federalism and personal freedom.”
“If Congress can force activity under the Commerce Clause, then it could force individuals to receive vaccinations or annual check-ups, undergo mammogram or prostate exams, or maintain a specific-body mass,” he wrote.
He asked that the mandate be stripped out of the law, and that the rest of it be allowed to remain in effect.
Too bad about that severability clause…