By Adam Allington, St. Louis Public Radio
Chesterfield, MO – A group of Republican state legislators has pre-filed legislation attempting to exempt Missouri from any federal health care overhaul bill passed in Washington.
The joint-resolution was authored by Chesterfield Republican Jane Cunningham and already has 17 co-signers in the Senate.
The legislation would amend the state constitution to exempt Missourians from participating in any kind of mandatory insurance coverage or health care plan.
South St. Louis county Republican Jim Lembke accused Democrats of cramming health care changes down the throats of individual states.
"This is the constitutional line in the sand that we are drawing in Missouri and in states across this nation," says Lembke.
However Greg Casey, a constitutional law professor at the University of Missouri said the amendment isn't likely to be enforceable, and would be comparable to opting out of mandatory car insurance or laws barring segregation.
"This proposal is really unconstitutional," Casey said. "If there is a conflict between national legislation and any type of law at the state level the national legislation takes priority."
The joint resolution will be considered in the upcoming legislative session in January. If passed, the measure would require approval by voters. The earliest the measure could go on a statewide ballot would in November of 2010.