This article first appeared in the St. Louis Beacon, March 22, 2011 - The three top Republicans in Jefferson City -- Lt. Gov. Peter Kinder, House Speaker Steve Tilley and Senate President Pro Tem Rob Mayer -- are once again pressuring Missouri Attorney General Chris Koster, a Democrat, to take action regarding the federal health insurance changes that are gradually going into effect.
Those changes, approved by Congress, were signed by President Barack Obama a year ago this Wednesday.
The Republican trio announced today that they signed a letter sent to Koster late last week that underscored their frustration with the attorney general (who switched parties in 2007) and his apparent refusal, so far, to join any of the lawsuits challenging the federal law, which began going into effect Jan. 1.
"The time for artful dodging is over," the trio wrote, referring to Koster's reluctance to even publicly discuss the matter.
The trio's letter begins by citing their dissatisfaction with his response to their initial letter sent six weeks ago.
"Despite our request for your opinion on enforcing the federal health care law in Missouri, you fail to state whether you view this law as constitutional and whether it should be followed in Missouri," the trio wrote. "Instead, your response to our letter is a bare and tedious recitation of the status of various lawsuits against the federal health care law. This is yet another example of how you have delayed and avoided any action on this crucial matter since the federal health care law was passed in March of 2010."
They take note of various news accounts in which Koster or his aides have said that he is "either 'observing', 'pondering,' or 'monitoring' the progress of the health care litigation...."
Added the letter, "In fact, you recently stated that you were 'stonewalling' the press so you would not have to talk about this subject."
"As the state's chief legal officer, you are 'required to institute, in the name and on behalf of the state, all civil suits and other proceedings that are necessary to protect the state's rights, interests or claims.' (RSMO 27.060). Other attorneys general across the country believe that a lawsuit against this health care law is necessary to protect their state's rights and interests. Yet, even though our legislature has issued two resolutions for you to get involved in a legal fight against the health care law and the citizens of Missouri overwhelmingly passed the Health Care Freedom Act, you refuse to take a stand and have remained silent..."
The trio assert the heightened Medicaid coverage mandated by the new law "will cost Missouri $773 million or more over five years. Our state and its elected officials who plan its budget must know whether we are to prepare for this shock to Missouri's economy. We need you to lead on this issue which is crucial to the fiscal and social well being of our citizens and our state."
Left unsaid is that the federal law promises to allocate more money to Missouri, at least temporarily, to help cover some of the increased Medicaid costs. But there are some legislators, particularly in the state Senate, who already are seeking to block Missouri from accepting federal money for some disliked programs (most recently, federal aid to education and to continue unemployment benefits).
A spokeswoman for Koster confirmed this afternoon that the office had received the trio's letter. "We have no immediate comment,'' spokeswoman Nanci Gonder added.
She later released a copy of Koster's written reply to the trio's first letter, in which the attorney general noted that there have been a variety of legal opinions regarding the federal health care law. All but one of those court rulings, he said, have backed up at least some of the provisions in the law. The most contentious portions deal with mandates, such as the requirements that most people purchase insurance and that some states -- including Missouri -- expand their Medicaid rolls.
The latest letter highlights some of the political pressure that Koster -- who is expected to run for re-election in 2012 -- is getting from both sides. Koster has maintained that the health care issue is a nonpartisan matter, but so far neither party is buying it.
While Republicans are pressing him to oppose the health care changes, Democrats privately are warning of dire political consequences if he does.
