“Koster argues — as many health care opponents have — that the law’s requirement that every person purchase health insurance from a private company or face a penalty is unconstitutional. He contends the Commerce Clause of the U.S. Constitution does not give Congress federal police powers to compel individual citizens who “are not actors in interstate commerce and who have not chosen to enter the stream of commerce to obtain health insurance.” His filing provides legal support to the plaintiffs, which include the attorneys general of Alabama, Alaska, Arizona, Colorado, Georgia, Indiana, Idaho, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, Wisconsin and Wyoming — nearly all Republicans. Earlier this year, both houses of the Missouri legislature passed non-binding resolutions calling on Koster to challenge last year’s health care overhaul, the so-called Affordable CareAct, and the state’s Republican lieutenant governor has filed his own lawsuit against the measure. Last August, Missouri voters passed a referendum that prohibits compelling “any person, employer or health care provider to participate in any health care system” — an effort to block the implementation of the law inside their state.
The proposition, the first statewide referendum on the new health care law, was put on the ballot by an overwhelming vote of the Republican-controlled state Senate and House. It was approved by 71 percent of the voters.”