TOPEKA – (August 12, 2011) – Kansas Attorney General Derek Schmidt issued the following statement on today’s decision by the 11th U.S. Circuit Court of Appeals that struck down as unconstitutional the so-called “individual mandate” provision of the federal health care law:
“Today’s decision is a victory for Kansas and our 25 partner states who are together challenging the constitutionality of the federal health care law. We have been united in our view that the law’s individual mandate is an unconstitutional exercise of federal power. For the first time, a federal appeals court has declared that this law requiring Americans to purchase a product or face a penalty exceeds the power granted by the Constitution to our federal government. The Constitution created a federal government of limited, enumerated powers and did not grant to the federal government an unlimited general police power to do whatever it wishes.
“While today’s decision is not the final word on the subject, our victory today makes Supreme Court review of the law almost certain. We will continue our strong advocacy for limited constitutional government.”
Read the court's ruling