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GOP state AGs threaten legal action against health care reform provision

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Thirteen state attorneys general, all Republicans, demanded in a letter sent Wednesday to the Speaker of the US House of Representatives and the Senate Majority Leader that a controversial provision in the health care reform bill approved in the Senate last week should be struck because it unfairly benefits the state of Nebraska. In the letter, written by South Carolina Attorney General Henry MacMaster, the group said they would legally challenge the provision if it were not removed, citing reports of the deal struck by Nebraska senator Ben Nelson (D-NE) in exchange for his vote. The attorneys general argued that the provision is unconstitutional and "antithetical to the legitimate federal interests in the bill" that "the states share with the federal government the cost of providing such care to their citizens" because it exempts Nebraska from such shared cost. They also asserted thathe fundamental unfairness of H.R. 3590 may also give rise to claims under the due process, equal protection, privileges and immunities clauses and other provisions of the Constitution... Since the only basis for the Nebraska preference is arbitrary and unrelated to the substance of the legislation, it is unlikely that the difference would survive even minimal scrutiny.South Carolina Republican Senators Lindsey Graham and Jim DeMint enlisted MacMaster's help to challenge the bill as amended. The Senate passed the health care reform bill last Thursday in a 60-39 vote that split down party lines. The legislation would expand affordable health care to more than 30 million Americans and overhaul the private insurance system. Senate Republicans have vowed to continue to fight and amend the bill arguing that it is too expensive and would violate personal rights by compelling people to buy health insurance. Last month, the US House of Representatives approved their own version of the legislation, the Affordable Health Care for America Act. The two bills must be reconciled in conference committee before legislation can go to the President for signature.

Full post as published by JURIST - The Paper Chase on December 31, 2009 (boomark / email).