The constitutionality of proposed health care

Dr.  Weeks’ Comment:    good for our Washington state AG  Rob McKenna.

From: Rohr, Shelley (ATG) [mailto:ShelleyR@ATG.WA.GOV]
Sent: Wednesday, February 03, 2010 4:52 PM
Subject: RE: CCTN# 177275, Black, Robert -(Public) –

Thank you for your message to Attorney General Rob McKenna expressing concerns about the constitutionality of the Senate Health Care.  He has asked me to respond to you on his behalf.

As you may know, in a statement on December 22, 2009, Attorney General McKenna said, “The arrangement that requires Washington state taxpayers, and those around the country, to permanently pay Nebraska’s additional Medicaid costs carries a price tag of untold millions.  It raises key constitutional questions about whether residents of certain states should receive special privileges, based on the deal-making skills of their senators.”

On December 30, 2009, Attorney General McKenna joined 12 other attorneys general in sending a letter to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid, warning them that the special treatment provision in the Senate health care bill inserted at the request of Sen. Ben Nelson is “constitutionally flawed” and asking them to remove it.  The letter also indicates there may be other legal or constitutional issues in the proposed health care legislation.

Attorney General McKenna continues to monitor this legislation and is actively working with his counterparts from other states to hold Congress accountable.

If this legislation passes with unconstitutional provisions intact, he stands ready with other state attorneys general to take the action necessary defend the state’s interests.


Janelle M. Guthrie, APR

Communications Director

Office of Attorney General Rob McKenna

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