This Washington

Rob McKenna on List of State AGs Filing Suit Against Health Care Bill

By Josh Feit March 22, 2010

This post has been updated with Attorney General McKenna's official statement.

Attorney Generals from 12 states including Washington are reportedly queued up to fill a law suit to stop the health care reform bill passed by Congress yesterday.

At issue: The feds authority to mandate that everyone has to purchase health care. According to the Christian Science Monitor:
At the center of the controversy is the bill's inclusion of a federal mandate requiring all Americans to purchase health insurance or face penalties. Opponents say this measure stretches Congress’s constitutional power to “regulate commerce … among the several states” beyond any meaningful limits on federal authority. They say Congress is authorized to regulate behavior to protect public safety or welfare, but federal lawmakers overstep the constitutional limits of their power when they begin ordering Americans to purchase certain products.

The 12 states include Florida, South Carolina, Alabama, Nebraska, Texas, Oklahoma, Pennsylvania, Washington, Utah, North Dakota, and South Dakota.

South Carolina's AG issued a fiery statement:
“The health care legislation Congress passed tonight is an assault against the Constitution,” said South Carolina Attorney General Henry McMaster. “A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government,” he said in a statement.

I have a call in to McKenna's office and the governor's office.

McKenna issued the following statement:
“I believe this new federal health care measure unconstitutionally imposes new requirements on our state and on its citizens. This unprecedented federal mandate, requiring all Washingtonians to purchase health insurance, violates the Commerce Clause and the 10th amendment of the US Constitution.

“I’m concerned that the measure unconstitutionally requires all Washingtonians to purchase health insurance and places an extraordinary burden on our state budget by requiring Washington to expand its Medicaid eligibility standards in violation of our state’s rights guaranteed under the 10th amendment.”
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