Any notion that Lt. Gov. Peter Kinder is suing the federal health care law in his official capacity is "improper," Attorney General Chris Koster said in documents filed today in U. S. District Court for the Eastern District of Missouri.
Koster said the attorney general is the only person who can legally represent the state of Missouri. "Because Missouri law vests authority for initiating litigation exclusively with the attorney general, Lt. Gov. Kinder is authorized to file suit only in his private capacity as a citizen. Thus to the extent he attempts to do so, Lt. Gov. Kinder's effort to participate in the litigation in his official capacity or on behalf of the state is improper."
In Kinder's complaint, Koster notes, the lieutenant governor says he is filing the action both in his individual capacity "and also in his statutory capacity as lieutenant governor."
Kinder's lawsuit notes, "In addition to his enumerated duties as they are set forth in the Missouri Constitution, Lt. Gov. Kinder has been empowered to advocate for Missouri senior citizens and those in long-term care facilities as the head of the Office of Advocacy and Assistance for Senior Citizens."
Koster says his action does not affect any of the three private citizens who joined Kinder in filing the lawsuit, nor does it affect Kinder as long as he is involved in the suit as a private citizen and not in his capacity as lieutenant governor.
In asking the court to dismiss Kinder from the lawsuit in his official capacity, Koster notes, "For example, if Lt. Gov. Kinder is authorized to file suit, then arguably every member of the General Assembly and every statewide officeholder may do the same, as well as every state agency. Such a result may lead to fractured, inconsistent positions being pursued in the same case on behalf of the state, thereby providing no clarity to the seminal question identified earlier: Who speaks for the state of Missouri in the courts?"
3 comments:
Koster needs to quit wasting the courts time and then join Kinder and file the suit on behalf of the people of the state of Missouri the proper way. He(Koster) should have filed this suit against this unlawful and unconstitutional health care bill when it was first passed. Just goes to show he is more about pleasing his upper level Democrat friends than properly representing the people of the state of Missouri and upholding the constitution he swore an oath to.
No Trent, it just goes to show you that Kinder will do anything he can to keep his name in front of the public. Especially with the hot button issue amoung the Repukes like healthcare. If they do not want healhcare, then he should be the first one to give up his. I dislike paying one cent to the State of Missouri knowing some of it goes to the Republicans for their healthcare. They should be able to die in peace just outside the emergency room door just like they want everyone else to do.
David Rust
Petey was a pretty good Senator. What happended to him?
Kinder is desperately trying to set himself as the front runner to challenge Governor Nixon.
It's goin' to take more than a bicycle race and a bogus lawsuit from someone other than the chief law official (Koster) in Missouri to get the attention of anyone who cares what he does.
Do the Humphrey's have enough money to get him elected?
I'll take Purgason or Steelman any day over this bootheeler.
Post a Comment