from Politico.com
On the eve of an historic Senate health care reform vote, more than half of the Republican state attorneys general have organized to provide a legal analysis of the constitutionality of a controversial provision in the Senate bill and to explore potential legal challenges.
The provision in question is the result of a deal Senate Democratic leaders struck with Nebraska Sen. Ben Nelson to win his critical vote. Under the agreement — dubbed the “Nebraska Compromise” or the “Cornhusker Kickback” by GOP critics — Nebraska will get an exemption from the state share of Medicaid expansion, a carve out that is expected to cost the federal government $100 million over 10 years.
South Carolina GOP Attorney General Henry McMaster, who is leading the effort, said the intent is to determine whether Congress had the power to allot funds to Nebraska differently from other states.
“I think it’s unprecedented to have this use of federal power,” said McMaster. “We heard about it, read about it, decided something needed to be done about it.”
McMaster began to organize the effort after South Carolina GOP Sens. Lindsey Graham and Jim DeMint wrote a letter to him Monday asking him to investigate the matter.
“We have serious concerns about this Nebraska compromise as it results in special treatment for only one state in the nation at the expense of the other 49,” wrote Graham and DeMint. “While South Carolina has to struggle to come up with hundreds of millions of dollars to comply with the massive new Medicaid mandate, Nebraska does not have to come up with a single dollar.”
McMaster told POLITICO Wednesday that 10 of the 19 GOP state attorneys general have signed on, with many of them taking part in a Tuesday conference call on the issue, and he expected more to join.
More at Politico.com
Texas Governor Says States Must Stand Up To Federal Intrusion
Governor Rick Perry’s letter to Governor Bob Riley of Alabama.
Texas Governor Says States Must Stand Up To Federal Intrusion Gov Monitor
Texas AG Outraged by Senate Health Care Provision
ABC News - Jay Root - 4 hours agoAP Texas Attorney General Greg Abbott is vowing to fight what he called an “outrageous” decision to give Nebraska multimillion-dollar …
http://abcnews.go.com/Business/wireStory?id=9416522
“From a fundamental fairness perspective this is both wrong and outrageous,” Abbott told The Associated Press in a telephone interview. “Usually when that is the case you can either find law that will support your position or a court who will agree with you.”
more by Greg Abbott -
http://trailblazersblog.dallasnews.com/archives/2009/12/texas-attorney-general-challen.html
(hat tip Poor Richard)
