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Lawsuit would block public vote on federal health care
Posted: 06.23.2010 at 6:07 PM
Kermit Miller

Kermit Miller is the evening news anchor and state legislature reporter.

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JEFFERSON CITY, MO. -- Opponents of a ballot issue claiming state sovereignty over federal health care legislation have sued to block a public vote.

Lawmakers approved a measure this year that would protect Missouri residents, who do not participate in a federally-approved health care plan, from financial penalties.

"This is nothing more than an opportunity for the citizens of this state to make the decision on their own,” Rep. Tim Jones (R) said. “And that is where the decision should remain.”

"What happened in Washington, D.C. has turned what we know about how a free country operates upside down,” Sen. Jane Cunningham (R) said. “It feels foreign. And I hope that we find a way to make Missouri free from it.”

The lawsuit seeks to disqualify the question on technical grounds.

The state constitution prohibits bills that contain multiple subjects.The original measure addressed procedures for insurance companies to dissolve. It was amended to include a section stating that people cannot be compelled to have health insurance or be penalized for paying their health bills with their own money.

Missouri's ballot measure would defy the federal health care law that requires most Americans to have health insurance or face fines beginning in 2014.

Supporters of the federal health care program think its critics have no claim.

"In every single case, you all have been on the wrong side of history and you're on the wrong side of history here,” Rep. Mary Still (D) said. “Thank you very much.”

Right now, the question is scheduled to appear on the Aug. 3 ballot.

The lawsuit has been assigned to Cole County Judge Paul Wilson. Plaintiffs' Attorney Chip Gentry said the court has not yet scheduled a hearing.

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