The Story behind the Story:
KLP Note: The states of ID, CO, MI, SC, NB, SD, PA, LA, AL, TX, UT and WA have joined in a lawsuit re the new HC law. Attorney General Rob McKenna of WA was on John Carlson's KVI program this afternoon and explained what it is about, and what it isn't about. The current Governor Christine Gregoire is absolutely livid to hear her actual words. What she either doesn't know, or remember is that the State AG does NOT work for the Governor nor the Senate, nor the Legislature. The AG is elected by the PEOPLE of Washington State, and therefore works for the PEOPLE, not the Govenor or the other two branches in the state. Gregoire is a former State AG and certainly should know this. But she is a Democrat. They all seem to be making up their own rules on a daily basis.
From the WA State Attorney General Rob McKenna's website:
Health Care Lawsuit FAQ
Q: What is this lawsuit about?
A: Improving access to health care is too important to build on an unconstitutional foundation. This lawsuit is about ensuring that the federal government does not exceed its authority in certain provisions of the health care bill, and that the citizens of the State of Washington are given the respect that the Constitution requires. The Tenth Amendment states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In addition, under the Commerce Clause, never before has Congress required individuals to purchase a specific product. The health care bill requires that all Americans purchase or obtain health insurance in private commerce, and allows the IRS to fine those who don’t.
Q: What is this lawsuit not about?
A: This lawsuit does not address all elements of the health care bill. Many provisions, not addressed in this lawsuit, will take effect this year. The legislation is more than 2,000 pages in length, and only parts of it raise constitutional questions; those specific provisions are the subject of this lawsuit.
Q: What states have joined?
A: To date, twelve states that have joined Florida’s lawsuit. Idaho, Colorado, Michigan, South Carolina, Nebraska, South Dakota, Pennsylvania, Louisiana, Alabama, Texas, Utah and Washington have joined.
Q: What will it cost the state of Washington to join this lawsuit?
A: The costs will be minimal. As a party to this multi-state suit, Washington is one of 13 states, to date, participating. State attorneys general typically use multi-state lawsuits to address important national issues or when more than one state has an interest in a legal matter. As the lead state, the Florida Attorney General’s office will provide most of the resources and personnel to pursue the case, though the other participating states will be consulted.
Q: What is the role of the Washington Attorney General in this state?
A: The Attorney General is a separately elected, independent state official. The Attorney General derives his powers from our state constitution, which says that “the attorney general shall be the legal adviser of state officers, and shall perform such other duties as may be prescribed by law.” Our state Supreme Court interprets these duties broadly, ruling that as legal adviser, his role is something more than a passive observer of state government. Finally, the role of the Attorney General is one of many “checks and balances” in our democratic form of government.
Q: Did Washington join this lawsuit for political reasons?
A: No. This case raises constitutional questions about specific parts of the federal health care reform bill. It could just as easily be suggested that those in favor of the legislation are willing to ignore serious legal questions for their own political reasons. One important role of the Attorney General is to ask a court to intervene when there are issues impacting the state’s legal interests and the interests of its people. Given our concerns about sections of this bill, we conclude that it would be in the state’s best interest to resolve these legal questions now, so that we may repair our health care system in a way that does not conflict with the United States Constitution.
atg.wa.gov |
