This article first appeared in the St. Louis Beacon:Missouri House Speaker Tim Jones, R-Eureka, is trying to step up the pressure on state Attorney General Chris Koster, when it comes to protecting a state law -- now in limbo -- that allows employers to avoid providing insurance coverage for certain procedures.
Jones announced Thursday that the state House will consider and pass a resolution next week urging Koster to appeal a St. Louis-based federal judge’s ruling that tossed out a 2012 law allowing employers to exclude insurance coverage for abortions, contraception or sterilization.
Jones, also a lawyer, held a news conference at a pregnancy care center in Springfield, Mo., to lay out his concerns that Koster, a Democrat, might opt not to appeal the ruling.
Koster, a former Republican, has not stated a public position on the law in question -- but he has said that he backs abortion rights in general.
The intent of the law, known as SB749, was to allow employers to exclude coverage for procedures that violate their religious or ethical beliefs. The General Assembly had overruled the veto of Gov. Jay Nixon, a Democrat and former attorney general, who had raised legal and ethical concerns about the law.
Judge Audrey Fleissighad ruled earlierthat the law violated the federal coverage mandates in the Affordable Care Act.
Said Jones at the news conference: "The clock is ticking for an appeal to be filed regarding SB749, a bill intended to protect the rights guaranteed to us in the U.S. Constitution's First Amendment from being infringed upon by a mandate from the Department of Health and Human Services.
"Last week,I submitted a letter to Attorney GeneralKoster urging him to appeal this case on the grounds that the HHS mandate violates both the First Amendment to the U.S. Constitution and the federal Religious Freedom Restoration Act, and I have yet to receive a response.
“As a result, I will be working with my fellow members of the Missouri House of Representatives to pass a House concurrent resolution urging swift action in defense of our religious liberties. Attorney General Koster's job is to defend our state laws without prejudice, and I believe he needs to put politics aside and appeal this case."
Attorney general has questions for judge
Koster said in an interview Wednesday that his office is handling the case using standard procedures before making a decision on any appeal. He confirmed that he had received Jones’ letter, but that the two had not communicated otherwise.
“There are some aspects of Judge Fleissig’s ruling that we have some technical questions about,” Koster said. “The first thing that will probably occur is that sometime in the next week or two weeks, in the very near future, we’re going to ask if Judge Fleissig could clarify a couple things in her ruling. That’s going to be the next thing.”
In response to Jones' news conference Thursday, Koster spokeswoman Nanci Gonder added, "The federal court’s ruling of March 14 invalidating portions of SB 749 also appears to have created uncertainties related to section 376.1199 and its impact on insurance carriers and individuals. Our next step is to request clarification from the court regarding the intended scope of the ruling."
At his news conference, Jones – unaware of Koster’s comments – said his concern was that the enforcement of the Affordable Care Acts’ provision is just months away.
"Missouri must push back against this harmful mandate and protect our First Amendment rights,” Jones said.
“Without SB749, numerous Missourians will be forced to either pay massive fines or buy insurance products which violate their religious convictions, and I think this is a clear violation of the freedom of religion. I believe that the judge, who was appointed by President (Barack) Obama, looked at the wrong issue in this case when the constitutional concerns were bypassed in the decision, and I believe our state will be vindicated if this case is appealed and the court is asked to look at the First Amendment concerns with the HHS mandate."
