SD AG Marty Jackley on Health Care Decision

SD Atty General Marty Jackley released the following statement regarding the ruling yesterday from the Florida judge that found the health care law unconstitutional:

?Improving healthcare is too important to build on an unconstitutional foundation through a process that failed to respect the rights of states and individuals,? stated Attorney General Jackley. ?Today?s Court ruling confirms that Congress? powers are not unlimited, and that individual and state?s rights must be respected. Although an appeal of this decision by the federal government is eminent, the Federal Court has now given Congress direction to bring needed change to our healthcare system within the framework of our Constitution.?

That’s right folks — SD and the other states aren’t suing because health care was perfect before — the states are suing because there can be more sensible way to improve health care.

From the Judge’s Order granting Summary Judgement:

James Madison, the chief architect of our federalist system, once famously observed:

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

The Federalist No. 51, at 348 (N.Y. Heritage Press ed., 1945) (?The Federalist?)


As Chief Justice Marshall aptly predicted nearly 200 years ago, while everyone may agree that the federal government is one of enumerated powers, ?the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, so long as our system shall exist.?  This case presents such a question.

So — from the Conclusion by the Judge

The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate.

Translation — yes we need to fix health care — but the Congress doesn’t have the authority from the Constitution to require people to buy health insurance.   So to all the haters out there who erroneously claim conservatives want deny the problems in the health care system — I’ll say it again — you couldn’t be more wrong.

32 Replies to “SD AG Marty Jackley on Health Care Decision”

    1. insomniac

      I give Noem credit. I think she and others are going to repeal this piece of crap. If they do Obama is toast and he and the D’s wasted everyones time the last 2 years.

      I don’t like the farm subsidies and HC but if she repeals this she will buy some love from me for a few months until we move on to subsidies anyway. but good work to Noem and Jackley.

      I suspect Thune will be playing a part in this sooner or later.

      1. pickles

        I just wanted to get in on the Jackley love fest.

        Marty is hands down one of the people I respect most in Pierre. He is honest and hard working when he says he is going to do something he does it.

        We as South Dakotan’s can’t beat that or ask for more.

  1. caheidelberger

    “Haters”? Give me a break. Promise #1 from Rep Noem and the House G.O.-Tea was to vote to repeal health care reform and restore the stauts quo ante. Their first vote was not to roll out some bold new reform; it was an affirmation of the old system that did not work… not to mention a cycnical political ploy to try taking away the successes achieved by President Obama and then-Speaker Pelosi. I’m simply taking the GOP’s intent at face value, as demonstrated by their vote priorities.

  2. Name

    They should have passed it and payed for it by tax rather than by mandating individuals by their own. That is something the new Dems didn’t understand from FDR and the liberals of the past.

  3. Duh

    ” successes achieved by President Obama and then-Speaker Pelosi” Ok, I’ll bite. List those successes that weren’t shoved down our throats and that received the populous’ approval. It’ll be the shortest post ever. It ain’t foreign policy as Isreal and several other countries are blaming the Prez for not doing more to help Eqypt. So far he snubbed Japan, blew off Great Britain, bowed to and hugged dictators, hmm. Gee we’re looking at $4 gas and the Prez has put us in a much worse position with his dubious energy policy. He’s a winner alright…

    1. Mike Quinlivan

      Jesus Duh, What else has he done wrong that he really can’t control?
      A revolution occurs in Egypt; its Obama’s fault!!!! Would you like to blame him for skin problems and bladder control issues also?
      Seriously, I don’t expect much out of politicians; as a conservative, I don’t see how you think Obama can be personally responsible for the world’s ills

  4. yoyoyoyoyo

    i think some credit is due here to the left…if it wasnt for them pushing through this bill, however you feel about it, the right wouldnt even address the issue.

  5. ymous

    I love their (government defense) demanding an all or nothing approach. They say it’s all connected in order for this house of cards to remain standing. The judge said fine, then nothing iy is. The whole thing will cave in and then we can truly start reform.

  6. MOSES

    73 If your against health care like seven other freshman republican congressmen, who didn’t take it ,then you take subsidized health care kind of sounds like,do as I say not as I do.She could have set the example but decided to take her credibility with some will hurt her long term.

    1. insomniac

      The difference is she had the right to choose it or not to choose it. She didn’t have to say I don’t want it and have to pay a fine because she passed.

  7. Name

    Whomever rights Noem’s press releases should take note of Jackley’s. This is far superior to the garbage the Noem camapaign put out during the election and the little they put out now.

    I’m a Noem supporter but there is a lot of room for improvement by her staffers.

  8. MOSES

    Yes good point Noem lost credibility when she took GOVT health care partly subsidized by the tax payer.I bet the A.G wouldn’t have took it as he is fighting it.

    1. Name

      Marty is Superman. No doubt whatever he did would be right. I just want this law repealed and then we can move on to other matters…

      I do have one question though – Do you think Noem will ever be as popular in SD as she is with Natonal Republicans? I suspect not. I think she will always be popular with the base but Noem isn’t warm and fuzzy to people like Thune or several other elected officials like Daugaard and Rounds. I would say Jacklow was even warmer to his supporters than Noem sometimes can be. She is hard to get a read on. But she has some work to do. This law was probably the only reason she won so it’s good she is working hard to repeal it.

      Jackley is working hard too and I give him credit!

    1. J Rae

      Moses is irritating with the CAPs on and less than perfect grammar, but I think his point is if you are going to scream at your employer for offering just a select group of individuals insurance that the rest of the employees are contributing to, while those that get that benefit are saying no one else should have that privilege even though they are the ones paying for it…well, he may have a point. Simplistic? Yes. Wrong? not entirely.


  9. MOSES

    YMOUS Private sector my taxes going to noems health care , What you do with your health care and money is your business.What she does with ours is my business, you don’t campaign on getting rid of health care when you take it from the Govt.Seven other republicans who voted against health care didnt take so why should NoemFiscal give me a break .FARM SUBSIDIES AND NOW THIS.

  10. ymous

    Moses-Have you taken your employer sponsered health plans? Yes or No

    She can choose from many carriers from my understanding. This isnt natonalized health care it’s her employers sponsered plan. NON ISSUE. Move on, get over it, find something else to bitch about.

  11. J Rae

    MOSES is irritating with the poor grammar and a seemingly defective caps lock on his keyboard…but I think his point is that if you are going to rail against a health care plan offered by your employer that not everyone who pays into the system gets to enjoy…well he may have a point.

    It would be interesting to see what a relatively small group (House and Senate) would be rated at and what their actual costs would be for coverage in the open market…knowing that there are some really old people in that small group and probably more than a few pre-existing conditions. Pretty sure that their maternity risk would be really low…at least that we’d know of…


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