Attorneys General of 13 states plan to challenge new healthcare reform legislation as violating the Constitution of the United States. Latest news indicates the states of Alabama, Florida, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, and Washington will join a suit filed in Florida. Virginia Attorney General Ken Cuccinelli intends to file suit in federal court in Richmond, Virginia.
The attorneys general claim the new healthcare law violates the Commerce Clause of the Constitution by requiring individuals to buy insurance, and possibly the 10th Amendment:
"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."
Many constitutional scholars, and President Obama himself taught Constitutional Law at the University of Chicago, have opined that the suit has no merit. With the exception of James "Buddy" Caldwell of Louisiana, all the attorneys general filing suit are Republicans.
Many are questioning whether their purpose is a serious constitutional challenge, a backup plan to repeal healthcare, or an attempt to gain name recognition and fill their own campaign coffers as they seek higher office.
Tom Corbett, Bill McCollum, Mike Cox, and Henry McMaster Running for Governor
Attorneys General Corbett of Pennsylvania, McCollum of Florida, Cox of Michigan, and McMaster of South Carolina are all looking to become the next governors of their respective states. While the Washington State governor's race isn't until 2012, according to Chris Grygiel blogging on Seattle pi, many believe Rob McKenna also "represents the only real threat to the Dems' continued dominance in Evergreen State politics."
Tom Corbett is gearing up for a primary race looking to replace the very popular Democratic Governor Ed Rendell now in his second and last term. Corbett has been publicizing the challenge in his fundraising letters, notes Chris Brennan for the Philadelphia Daily News.
Jon Bruning and Mark Shurtleff Looking to Move Up
Jon Bruning says he still plans to run for re-election as Nebraska's Attorney General in 2010. However, he was spotlighted in an article on LegalNewsline.com as having a "bright future" and it was suggested he's in a good position to run against Democrat Ben Nelson, the senior senator from Nebraska, in 2012.
Mark Shurtleff of Utah is looking to run a campaign to the right of Senator Bob Bennett. Bennett, though a Republican and not voting for healthcare reform, has ended up in the Tea Party Express "crosshairs" for being too moderate.
Greg Abbott, Troy King, John Suthers, Lawrence Wasden Up for Re-election
Of the remaining seven filing suit, four of them, Abbott of Texas, King of Alabama, Suthers of Colorado, and Wasden of Idaho are all up for re-election this year. There appears to be no current discussion of their seeking higher office in the near future. Marty Jackley of South Dakota was an appointee, so while he will be running to keep his office, this will be his first statewide campaign.
That leaves Ken Cuccinelli who was just recently elected to his post of Attorney General of Virginia. He was the first to file suit and appears to have no greater cause than the principle, at least at this point. Buddy Caldwell of Louisiana is the only Democratic Attorney General considering a suit.
Whether the motive is democratic principle, politics or both may vary with the individual. No doubt joining the suit could bring statewide and even nationwide name recognition and increase these candidates' contributor base. Another question is whether this suit will help or hurt the political aspirations for the participants. Those running in very conservative constituencies could possibly gain. However, several comments on online articles indicate at least some residents of states involved see it as a waste of taxpayer money.
Sources:
Pierog, Karen. Republican Attorneys General Pursue Sovereignty Claim Against Health Bill. Insurance Journal. March 23, 2010.
Grygiel, Chris. Did Rob McKenna just cost himself the governor's mansion? Seattle pi blogs. March 22, 2010
Brennan, Chris. Corbett raising $$ as health-law foe. Philadelphia Daily News. March 31, 2010.
Rizo, Chris. Nebraska AG Bruning's political star rising. LegalNewsline.com. February 5, 2010.
Lach, Erich. Tea Party Express E-mail puts Sen. Bob Bennett In 'Crosshairs.' TPM livewire. March 30.2010
Pure Pierre Politics Blog. February 2, 2010
Nannette Croce - Nannette Croce is a writer and editor who has worked with online publications for more than ten years, most recently as Co-Managing Editor ...
