FOR IMMEDIATE RELEASE
January 18, 2011
Ohio, Kansas, Wyoming, Wisconsin, Maine and Iowa join 20 other states, including Indiana, as plaintiffs
INDIANAPOLIS – Today six additional states sought to join the group of 20 plaintiff states — including Indiana – that have brought a legal challenge to the new federal health care law. Attorney General Greg Zoeller, who joined the lawsuit on behalf of Indiana in May, issued this statement:
“Now that the number of plaintiff states has expanded from 20 to 26, it underscores that this lawsuit is widely understood to have merit. After the health care law was ruled unconstitutional in a separate lawsuit in Virginia that raised many of the same arguments, no one now can claim that this legal challenge is a frivolous lawsuit,†Zoeller said.
“Regardless of the eventual ruling by the federal court in our case, it is important that the states have an opportunity as sovereign entities to challenge the constitutionality of the federal government’s claims of authority. Under our federalist system, this respectful legal challenge is a proper check on the role of the federal government,†Zoeller added.
“We and the other plaintiff states contend the federal mandate that individuals purchase a private health insurance product or face a penalty is unconstitutional, and that ultimately this question should be decided by the United States Supreme Court. Having met with Hoosiers across our state, I agree that some type of health insurance reform is needed in this country, but implementing it ought to be done in a constitutional manner,†Zoeller said.
In addition to Indiana, the group of 20 plaintiff states bringing the legal challenge included Florida, South Carolina, Nebraska, Texas, Utah, Louisiana, Alabama, Colorado, Michigan, Pennsylvania, Washington, Idaho, South Dakota, Mississippi, Nevada, Arizona, Georgia, Alaska and North Dakota. Also joining as plaintiffs were two private individuals and the National Federation of Independent Business (NFIB).
Today, the plaintiffs filed a motion with the court to amend the complaint so that six more states can join the case: Ohio, Kansas, Wyoming, Wisconsin, Maine and Iowa, bringing the total plaintiff states to 26. The U.S. Department of Justice represents the federal government defendants.
On December 16, the U.S. District Court in the Northern District of Florida heard arguments on the merits of the case, and Judge Roger Vinson is likely to rule sometime early in 2011. From there, the case is likely to be appealed to a federal circuit court of appeals, and from there potentially to the United States Supreme Court.
Virginia brought a separate challenge to the health care law citing similar grounds and a different federal district court last month ruled in that state’s favor, finding portions of the law are unconstitutional. An appeal is expected.
Zoeller has spent no additional tax dollars on the legal challenge beyond his office’s regular budget that the Legislature previously approved in 2009. Indiana did not pay a legal fee to join the lawsuit. No outside legal counsel was used; Indiana’s legal work has been performed by a salaried employee of the Attorney General’s office who would have been paid the same regardless of whether Indiana participated.
Before announcing in March that he would join the multistate legal challenge to the new federal law, Zoeller in February prepared a 55-page report on and analysis of the federal healthcare legislation at the request of U.S. Senator Richard Lugar of Indiana. The Attorney General’s report to Lugar is found here:
The motion to file the amended complaint (adding six states) and the amended complaint, filed in U.S. District Court in the Northern District of Florida, are found at this link:
http://www.healthcarelawsuit.us/
MEDIA CONTACT:
Bryan Corbin
Public Information Officer
Office of the Indiana Attorney General
(317) 233-3970
Bryan.Corbin@atg.in.gov
