By: Hollie Hojek email@example.com Kaitlyn Bourn is spending her Memorial Day Weekend making a splash at AquaVenutre water park in Norfolk, Nebraska. "You just play around here, you play in the waterMore>>
AquaVenture Water Park Opens Up in Norfolk, Nebraska. More>>
By: Hollie Hojek firstname.lastname@example.org For the 3rd Memorial Day Weekend in a row, the Girls of '68 celebrated and shared part of Sioux City's rich history. The local organization dedicated to keeping SiouxMore>>
Girls of '68 Share Story of Sioux City's First White Settler, Theodiphile Bruguier. More>>
By: Diana Johnsen email@example.com On Saturday, at Wal-Mart and the Southern Hills Mall in Sioux City, the Sioux City Police Department helped parents create "children identification kits". TheMore>>
On Saturday, at Wal-Mart and the Southern Hills Mall in Sioux City, the Sioux City Police Department helped parents create "children identification kits". More>>
By: Diana Johnsen firstname.lastname@example.org On your mark…get set...paddle! About 130 kayakers took to the Missouri River in the "3rd Annual South Dakota Kayak Challenge" on Saturday. "It's an opportunityMore>>
About 130 kayakers took to the Missouri River in the "3rd Annual South Dakota Kayak Challenge" on Saturday.More>>
By: Hollie Hojek email@example.com Rain, rain go away, come back and other weekend but this one. The rain in the forecast isn't ruining everyone's plan, but it is keeping some campers away. The sunMore>>
Siouxland Campgrounds Still Packing in the People Despite Poor Weekend WeatherMore>>
By: Tim Seaman firstname.lastname@example.org On Thursday, a pretty cool relay put on by law enforcement officers from across the state ran through central Iowa for the Special Olympics Torch Run. The event helpsMore>>
When the torch arrived Sioux City West sophomore JJ Reeg–Beckner had the honor of igniting the Special Olympic cauldron. Reeg-Beckner was selected from more than 2,500 athletes to finish the run.More>>
By: Channel 9 Eyewitness News (AP) About 110,300 South Dakotans are expected to travel over the Memorial Day holiday weekend, a slight decline from last year. AAA says that mirrors an expected dropMore>>
About 110,300 South Dakotans are expected to travel over the Memorial Day holiday weekend, a slight decline from last year.More>>
By: Channel 9 Eyewitness News (AP) Nebraska students showed improvement in this year's statewide writing proficiency test. Nebraska Education Commissioner Roger Breed announced Friday that 66 percentMore>>
Nebraska students showed improvement in this year's statewide writing proficiency test.
Nebraska Education Commissioner Roger Breed announced Friday that 66 percent of 8th graders met or exceeded state standards, a 2 percent increase over the previous year.More>>
By Channel 9 Eyewitness News email@example.com Iowa investigators say the discovery of blood of a missing 15-year-old girl has diminished hope of finding her alive. Bill Kietzman of the Iowa DivisionMore>>
15-year old Kathlynn Shepard went missing on Monday.More>>
By: Scott Larson firstname.lastname@example.org How comfortable do you feel strolling the streets in Sioux City? That's a question that the Blue Zones Project is asking. And today they brought in an expert toMore>>
Walkable and Livable Communities Institute's Dan Burden assists Sioux City & Blue Zones Project with working out more pedestrian friendly roads.More>>
PIERRE, S.D. – Attorney General Marty Jackley announces that the United States Supreme Court has overturned the U.S. District Court and 11th Circuit Court of Appeals decisions, holding that the Federal Health-Care Act's individual mandate is a constitutional tax, and the Court declares the Act's Medicaid Expansion does violate the Constitution by threatening the States.
"I feel strongly that the federal takeover of healthcare goes too far in violation of fundamental individual and state's rights guaranteed by our Constitution. I am disappointed that despite lawmakers representation this does not impose a tax, a divided Supreme Court declares the Act as creating a constitutional tax. I am relieved that the Act's Medicaid expansion has been declared unconstitutional and has been significantly limited by the Court," stated Attorney General Jackley. "Today's decision now places this monumental issue back into the political arena for the voters to determine the future of their healthcare, and the importance of their individual and state's rights."
On March 23, 2010, South Dakota and 12 other states joined in the litigation challenging the Federal Health-Care Act. The multi-state litigation ultimately expanded to 26 states plus the assistance of Virginia and Missouri. In October 2011, the U.S. Federal Court denied the federal government's motion to dismiss the multi-state healthcare suit. In January 2011, the U.S Federal District Court ruled that the Health-Care Reform Act was unconstitutional. The Federal Court ruled that the provisions requiring Americans over 18 to obtain qualifying insurance coverage or face a penalty exceeded Congress' powers under the Commerce Clause of the U.S. Constitution. In August 2011, the 11th Circuit Court of Appeals affirmed the District Court ruling that the Federal Health-Care Individual Mandate is unconstitutional. The case was then argued before the U.S. Supreme Court in March of 2012.
The Federal Healthcare Act's expansion of coverage was estimated to increase federal spending in the amount of $3.3 trillion over 10 years as set forth in the U.S. Supreme Court oral arguments.
In the case filings, the South Dakota Department of Social Services further estimated that South Dakota's Medicaid costs would increase $100 million initially with the Federal Acts implementation, and $36 million annually thereafter. Because South Dakota responsibly maintains a balanced budget, these significant cost increases are a significant concern for the financial well-being of the State.
The total cost for the State to join the challenge is approximately $8,252.
The Supreme Court held that the Anti-Injunction Act does not bar the challenge because Congress did not intend the payment to be treated as a "tax" for purposes of said Act. The Court further opined that the individual mandate is not a valid exercise of Congress' power under the Commerce Clause. The Court went on to state nor can the individual mandate be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms. However, the Court has held that despite law makers representations, the individual mandate may be upheld as within Congress' power under the Taxing Clause of the Constitution.
Significantly, relying on the case South Dakota v. Dole, the Court held that the Healthcare Act's Medicaid expansion violated the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply. The Court described Congress' inappropriate financial inducement as follows:
"It is a gun to the head." The Court held "It is enough for today that whenever that line may be, this statute is surely beyond it." The Court went on to state that Congress is not free to penalize States that choose not to participate in the new program by taking away their existing funding.