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

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.”




  • Pete

    Goodbye, centrist credibility.

  • Soapboxin'

    It seems weird to me that McKenna would make such a strong move so early. So much depends on how much the uninsured will be charged and what their policies will cover. If McKenna and the other AG's have some good information about this, I'd love to hear it.

  • chris

    His tweet on the subject has dropped all pretense of centrism with its #wcot (Washington Conservatives On Twitter) hashtag. Clearly showing which Washingtonians he represents.

    http://twitter.com/AGOWA/status/10745657370

  • Jacen Caedus

    Sure will remember this next time McKenna is up for re-election.

  • realitybasedtransit

    McKenna never really had any. Despite all those PSA's touting consumer protections, Rob is one of the most conservative politicians in Washington State. Don' t let him become your next governor.

  • BombasticMo

    When's he up for re-election? Are there any venues available prior to that where displeased WA voters can try to stop this nonsense?

  • tpn

    Maybe he could sue for Obama's real birth certificate while he's at it. It will get just as far.

  • 40-year Seattle voter

    I hope McKenna succeeds in the courts. Because if he does, the only way to keep all the good things that the people will demand will be to go single-payer.

    On every cloud there is a silver lining. A very large silver lining in this case.

    Go Rob.

  • Chris Stefan

    I don't like McKenna using his office for political axe grinding. We have a tradition of the WA AG acting as council for the state and not letting their personal political views get in the way.

    I don't think this is going to play well with the independents he's going to need if he wants to be governor.

  • Pete

    He had the *appearance* of centrist cred, which is pretty important when you're going to try to run for governor on a “kinder, gentler Republican” platform. Now, he's all but thrown his hat in with the tea party crowd in a quite public fashion, and staked his career on HCR being very unpopular in a huge way. That's probably a good strategy in Texas, Alabama, and South Carolina, but it's a huge risk in a state that went for Obama 60-40.

    Also, while I'm no fan of Mckenna, I have to say you're a bit off base with the “one of the most conservative politicians in WA” thing. Yes, he's way to the right of his carefully cultivated public image, but he's nowhere near the most conservative politician we've got. You'd have to look to the eastern side of the mountains for that.

  • Mikos

    Chris– ditto. Not a good political ploy and perhaps a fundamental misreading of the public mood. Nothing succeeds like winning and Obama finally has one in the win column. I expect all those poll numbers to start looking up. If McKenna believes the majority of voters in this state want less government involvment in healthcare he is mistaken. If he is approaching this as a matter of principle and not politics then there is a first for everything…

  • Bry

    Sigh. Health insurance is within the ambit of the Commerce Clause, and thus within Congress's power to regulate. Also, in terms of mandates and penalties, Congress has plenary taxing power to accomplish the “general welfare” of the citizenry. In terms of the politics of this maneuver, I look forward to him getting his ass kicked when he runs for governor for pulling this BS — Washingon ain't Utah, as much as a few of McKenna's friends wish it were.

  • Soapboxin'

    He probly just lost my vote today. Shades of Colin Powell – centrist Republican who has credibility w/Dems b/c he's seen as smart, competent and moderate. Gets tangled up w/the latest conservative craze and commits political suicide. Except that McKenna wasn't bullied into this. It's a calculated political move.

  • http://peacetreefarm.org/ N in Seattle

    So Rob McKenna is telling us that he:

    * supports using pre-existing conditions to deny insurance coverage
    * backs annual and lifetime limits on insurance
    * opposes Community Health Centers
    * wants to deny prescription meds to senior citizens by retaining the “donut hole” as it stands now

    This is a guy who's tried to build his career around “consumer protection”???

  • Common Sense

    He's doing the right thing. May he and the others succeed, and quickly. Otherwise, real freedom is a thing of the past in the United States.

  • A.S. Seattle, WA

    Isn't the attorney general suppposed to uphold the State's constitution? It is possible that he things “he must” do this on behalf of the State of Washington……if the AG office considers this to be incongruous with the constitution.

    Maybe he's not considering politics because that's not his job?

    Just a thought.

  • http://peacetreefarm.org/ N in Seattle

    Are you heading off to Costa Rica with Rush?

    (BTW, there's universal coverage there)

  • Timothy

    Ah…the threads of history…

    One of the worst decisions the Dems in WA State ever made was to choose Deborah Senn to go up against Rob McKenna when he was running for AG. We could have cut this guy off from the start 6 years ago.

  • giffy

    If the courts throw this rather mild plan out there is no way single payer would be found constitutional.

  • Sarajane46th

    Deborah Senn might well have won if the U.S. Chamber of Commerce hadn't funded a front organization with millions of $$ to run scurrilous ads against her. She had a good statewide reputation as Insurance Commissioner.

  • ivan

    One of the worst decisions? The alternative was Mark Sidran!! I voted for Deborah Senn and I'm proud of it.

  • Come on, Seattle

    It looks like every one of those Attorneys General filing this lawsuit is a Republican. This is just another partisan Republican attack against extending medical coverage and patient protection to virtually every American. When will McKenna and the Republicans stop fighting for the insurance companies and against the people?

  • http://www.joeszilagyi.com/ Joe Szilagyi

    Never. Even in 100 years, the Republicans will be like what the British National Party is today: http://en.wikipedia.org/wiki/British_National_P…

  • Timothy

    Ha! Deborah Senn was never going to beat Rob McKenna. Ever.

    She had a lousy Statewide reputation at the time of the election, following a failed bid to beat Maria Cantwell for Senate. The US Chamber ads were focused during the primary, not at the general election.

    But, such is the folly of some on the left, who take no long-term view of the game of politics.

  • Donolectic

    Please define how this this impacts “real freedom” in any way.

  • donaldee

    Attorney General McKenna is doing exactly what he was elected to do: protect the rights of Washington citizens! If he prevails I'll support him all the way to the governor's seat. (if we still have one).
    I've laid off all my employees except myself and am sick and tired of government mandates. I can't print money like Olympia does so I can't afford the costs of doing business. (what business??)

  • sarah68

    Exactly, and they will never stop. Free market's all they got.

    McKenna is a jerk but Medicaid expansion (although ethnically necessary) is going to bankrupt all the states, those that aren't bankrupt already. So he's rightfully worried about that.

  • ivan

    “The US Chamber ads were focused during the primary, not at the general election.”

    It's not very smart to try to rewrite history for people who know it better than you do.

  • fount

    if that were the case, we'd find Washington among states like California and Oregon in suing. Unfortunately, we find Washington suing alongside Texas and Alabama.

  • Timothy

    Bring it, Ivan. I'll wager I know the history much better than anyone on this board.

  • sarah68

    Donalddee: What business is it that you have that would have been harmed by the health care legislation? What rights will it take away from you? Explain yourself.

  • donaldee

    The point you missed is that if the government would put as much effort into putting people back to work as it does to the health care issue it would be a different story. I pay exorbinant taxes as a small business owner and I am not wealthy. I am a hardworking middle class citizen who sees my taxes rising in an economy that is hurting all small businesses. If people are out of work and can't afford health insurance which will be mandated in 2014 that all americans pay a fine if they do not have it, where will they get it from. The state of Washington is increasing taxes AGAIN on small service business that have already had to lay off employess and are hanging by a thread to survive. I am a hardworking taxpaying citizen and it is wrong to keep taxing responsible poeple to pay for those who are not. I know how much I have in my wallet to spend and if it's not there I don't spend it. The government at all levels needs to learn the same lesson. Look beyond the present to what looks to be a great thing but down the road the shit will hit the fan. Take time to educate yourselfabout what is in this bill. I have, don't believe everything you hear, read the bill and see what you think ,then when every american must be insured or pay a fine..and what is the fine?..find out for yourself, I'm not telling you…educate yourself and then speak from knowledge!The problem now is we all seem to have an opinion but don'tknow the facts…that is what is wrong with this country. Go drink the koolaid you fools!

  • Soapboxin'

    Is there any way Wells can jump into this conversation and stear it to the cut-and-cover tunnel?

  • essdeezee

    These teapot people…they're like mynah birds: perfect pronunciation…over and over…of a short list of simple phrases which have no real meaning for them.

  • essdeezee

    OY! Another canned rant. I think I first read this–bordering on verbatim—in a Ronald Reagan anti-Medicare spiel.

  • Ivan

    We're all hard-working citizens. Quit your whining.

  • Reagan was wrong

    The conservative movement would be nowhere without their God-given rite to whine! They're victims, you see, and that absolves them of any personal responsibility, while giving them carte blanche to judge everyone else. It's really a brilliant way of life for those who can stomach it.

  • srm5a

    ok timmy,what happend on 1/12/1953,history buff?????

  • Kary

    This is a bill that will affect every American. The constitutionality of the law should be tested. It is the right thing to do. There are concerns about state rights, shifting costs to states, forcing citizens to pay for something they may not want or be fined by the IRS or receive jail time. These are deep concerns by a majority of Americans. Mr. McKenna is doing his job.

  • John

    So Washington, Oregon and California are not in the same USA that Texas and Alabama. Sounds like a west coast mentality. Read the Health Care bill. It stinks in addition to being unconstitutional.

  • john

    What about the freedom of choice. Is that not a freedom. Last time I checked it was pretty basic. Give one up and others will follow. Guaranteed.

  • john

    Simple Sarah……… The right of choice.

  • John

    May be hard working but not all pay for the insurance. Read the bill. Page 170 lines 1-3. Nonresident aliens are exempt from taxes so you get to pay for them. How ya like that. hard-working citizen?

  • Donolectic

    What does that have to do with Deborah Senn?

  • Donolectic

    What choice did you just lose? For many people, this will giv them the choice of not dying. How does your lost “choice” compare to that?

  • Donolectic

    Again, what choice did you lose?

  • Donolectic

    Please provide a citation for your statement that a majority of Americans have deep concerns about this.

  • srm5a

    WHO ARE YOU??I WILL HUNT YOU DOWN &PUT U IN THE GROUND!!

  • Shari

    hmm like the Mother/ Son roachanator team?

  • Anonymous

    You have to be a real idiot and lover of Progressive dogma to think that attacking this bill is in the interest of insurance companies. They love it. It suits them just fine. A law requiring everyone to purchase their product raises the money in their coffers. This bill is pro insurance carriers at your expense bozo.

  • Anonymous

    What a bunch of immoral retards you Progressives are! You think you have a good idea and then you think you have the right to use a gun to shove it down everyone’s throat. First, your ideas for health insurance are hideous not just on a practical level but on a moral one as well. It won’t work without bankrupting us. Secondly, it is unconstitutional. Third, it makes the Federal Gov’t far too powerful and large. It loses on all three counts, moral, practical and legal. What losers you Progressives are.