Kansas Attorney General Derek Schmidt has brought the state into another lawsuit against the federal health care overhaul enacted last year, and he said Tuesday that the move will help states flesh out arguments they expect to be decided by the U.S. Supreme Court.
The lawsuit is before the U.S. Court of Appeals for the District of Columbia, which has scheduled arguments from attorneys for September. Five individuals from three states allege a federal mandate that most Americans buy health insurance, starting in 2014, violates their religious liberties because their beliefs compel them not to purchase coverage.
Schmidt and attorneys general for 13 other states ignored that issue in filing a friend-of-the-court brief last month asking the appeals court to strike down the mandate. Instead, they argued, the mandate represents an unprecedented expansion of federal power not allowed by the U.S. Constitution. Schmidt also said the attorneys general are concerned about what they perceive as an overly broad ruling by a federal judge.
Kansas already is among 26 states challenging the federal health care overhaul in a lawsuit filed in Florida that's scheduled to be heard Wednesday by the 11th U.S. Circuit Court of Appeals in Atlanta. Schmidt said he may consider bringing Kansas into other cases.