Kinder v. Department of Treasury
District:
Eastern District of Missouri *State Official as Plaintiff*
Plaintiffs:
Missouri Lieutenant Governor Peter Kinder and six individual Plaintiffs.
Defendants:
Timothy Geithner, Secretary of the Department of Treasury, Kathleen Sebelius, Secretary of the Department of Health and Human Services, Eric Holder, United States Attorney General, and Hilda Solis, Secretary of Labor
Judge:
Rodney W. Sippel
Case number:
1:10-CV-00101
Details:
The Complaint alleges that Patient Protection and Affordable Care Act commandeers state government, mandates compensation a state must provide its elected officials, imposes a direct tax and penalty on the state, and forces the state to impose a tax increase, all in violation of the 10th Amendment; violates the Commerce Clause by mandating minimum insurance coverage; imposes an unconstitutional direct tax; violates the Fifth and Fourteenth Amendments (by protecting Medicare Advantage coverage for only certain counties in Florida, therefore discriminating against individuals similarly situated in other parts of the country); and violates other due process and free speech rights.
Status: The Missouri Attorney General filed a Motion to Intervene, arguing that Kinder cannot sue in his official capacity as Lieutenant Governor. The Court ordered on August 23 the Motion to be withdrawn. The Complaint was filed on July 7 and an Amended Complaint was filed on August 18, 2010.
The Plaintiffs filed a Motion to Compel the Defendants to answer their Complaint on November 10, but Judge Sippel denied this Motion on December 2. He ruled that the Defendants have 60 days to answer after November 16, meaning Defendants must answer by January 15, 2011.
This Defendants filed a Motion to Dismiss this case, which was granted on April 27, 2011. Judge Sippel ruled that the Plaintiffs did not have standing, and that their claims were not ripe to be heard.
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