The Republican Attorney Generals are threatening to make the health reform bill more difficult, though many in Washington are unsure of how that could even be possible at this point. According to the Associated Press, the Republican Attorney General’s from various states, are in a huff due to the extortion carried out by Nebraska’s Senator Nelson. At least 13 states are insisting that Congressional Leaders remove the unfair Medicaid referendum being promised to Nebraska in return for their support of the Senate Health Reform Bill.
The letter of distraught starts out with, “we believe this provision is constitutionally flawed,” which was written last Wednesday (I was busy working on our health insurance site so I apologize for the tardiness of this post).
“As chief legal officers of our states we are contemplating a legal challenge to this provision and we ask you to take action to render this challenge unnecessary by striking that provision,” they wrote.
Of course the final vote of the Senate health reform bill was only passed by one vote and that deciding vote was bought with Medicaid kickbacks to the tune of $100 million dollars to the state of Nebraska and Senator Nelson who lobbied for it.
Supporting the lawsuit are top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia and Washington state. Of course all signatures come from states with Republican governors and some by attorney generals running for Governor.
The question is, if the so called “Cornhusker Kickback,” is overturned will Senator Nelson still support the bill? Or is too late anyways for him to back out? In any case the legality of the proposed health reform amendment is questionable from the very start as the Constitution contains no amendments even that force health insurance on the people. The debate is sure to nasty in the coming weeks, and the final bill is certain to cause plenty more anguish for both sides especially politically as the Democrats are surely going to suffer at the next election.
Republican U.S. Sens. Lindsey Graham and Jim DeMint of South Carolina raised questions about the legislation, which they said was amended to win Nebraska Sen. Ben Nelson’s support.
“Because this provision has serious implications for the country and the future of our nation’s legislative process, we urge you to take appropriate steps to protect the Constitution and the rights of the citizens of our nation,” the attorneys general wrote.
A conference committee begins meeting next year to work out a compromise between House and Senate versions of the bill. Experts expect those talks will likely last into February.
McMaster says if the bill goes through to final approval with the benefit to Nebraska, taxpayers in the other 49 states will have to pay for it.
House Majority Whip Jim Clyburn, D-S.C., said the letter was a political ploy.
“This threat stinks of partisan politics,” he said in a statement. “If Henry McMaster wants to write federal law he should run for Congress not governor.”
Meanwhile, Nelson is taking his message on health care reform directly to his constituents. In a television ad beginning during Wednesday night’s Nebraska-Arizona Holiday Bowl football game, the Democrat says he stuck by his principles throughout the debate and doesn’t want Nebraskans to be confused on his position.
While it’s not uncommon for states to challenge federal laws in court, one legal expert said political bluster was likely behind the letter.
“I do think that it is some combination of the losers just complaining about the officiating, or complaining about how the game was played, in combination with trying to make the bill look as seedy and inappropriate as possible, for political purposes,” says Andy Siegel, a former University of South Carolina School of Law professor now teaching at Seattle University School of Law.
“It is smart politics to try to tarnish it and make it look less like an achievement and more like some sort of corrupted bargain,” he said.
Share this Post
