Missouri Attoney General Chris Koster filed an amicus brief [pdf] today in a federal lawsuit challenging health care reform.
From Attorney General Koster’s letter to the leadership of the Missouri General Assembly:
…Although these are complex questions on which many scholars, judges, and interested parties sincerely disagree, it is the opinion of this office that the Congress reached beyond current Commerce Clause precedent when it regulated that individuals maintain “minimum essential [healthcare] coverage” or pay a penalty. Therefore, it follows that the federal courts, in reviewing this aspect of the law, must either expand Congress’ Commerce Clause authority, justify the provision on alternate constitutional grounds, or strike down the individual mandate.
It is also the legal view of this office that the individual mandate is severable from the ACA and that those provisions of the bill not clearly dependant upon the mandate may stand. Our argument against the expansion of Congress’ Commerce Clause authority is emphatically not based on any opposition to the expansion of health coverage for uninsured Americans.
To the contrary, I favor the expansion of health coverage…