Gregoire blasts McKenna over health care lawsuit plans

Share

By KOMO Staff & News Services

Summary

Attorney General Rob McKenna says he will join several other states that will claim the landmark health care bill passed by Congress Sunday night is unconstitutional, but Gov. Gregoire says not so fast...

Story Published: Mar 22, 2010 at 1:13 PM PDT

Story Updated: Mar 22, 2010 at 6:40 PM PDT

Gregoire blasts McKenna over health care lawsuit plans

Gov. Chris Gregoire speaks in Olympia on Monday, March 22, 2010.

OLYMPIA, Wash. - An internal battle is brewing between our state's governor and attorney general over a plan to join a challenge to the constitutionality of a national health care overhaul bill passed by Congress.

Attorney General Rob McKenna said Tuesday he will join a multistate challenge to the constitutionality of a health care overhaul bill passed by Congress.

The measure would extend coverage to 32 million uninsured Americans, and for the first time, most Americans would be required to purchase insurance, and face penalties if they refused.

McKenna, a Republican, says he believes the bill "unconstitutionally imposes new requirements on our state and on its citizens" and that the federal mandate requiring all Washingtonians to buy health insurance violates the Commerce Clause and the 10th amendment.

He also argued that the measure puts an extra burden on Washington state's budget by requiring the state to expand its Medicaid eligibility standards.

But Gov. Chris Gregoire, a Democrat, fired back and said McKenna does not represent her wishes.

"He has, in my opinion, a duty to consult with me," said Gregoire, who told reporters Monday that she called McKenna after learning from a news article of his plans to join the lawsuit. .

"He obviously does not represent the majority leader or the speaker and he has a duty to consult with them and he has failed. And if he had consulted with any one of us, we would be clear about what the benefits were to the people of Washington state, and that his attempt to undermine that benefit is just wrong."

She said she might file a counter suit against McKenna.

"I don't agree with him," she said. "I hope he'll reconsider."

McKenna said he respects Gregoire's choice to disagree, but feels the legal concerns about the health care bill must be addressed.

"There's a reason we have checks and balances in our system of government," McKenna said. "There's a reason that the constitution of this state provides for a separately elected attorney general."

McKenna said that the planned lawsuit will likely not stop the legislation from becoming law, because the provisions the legal challenge will target aren't scheduled to take effect until 2014.

"This is a 2,200-page bill. One lawsuit, even if it's successful on those specific issues, doesn't stop the whole program from moving forward," he said.

Other states planning to challenge the bill are Alabama, Florida, South Carolina, Nebraska, North and South Dakota, Pennsylvania, Texas and Utah.