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Healthcare reform: Who wins when governor, attorney general clash?

Washington's attorney general filed suit against the healthcare reform bill signed today. One problem: He didn't ask the state's governor, who supports the bill. Who wins?

By Daniel B. WoodStaff writer, Staff writer / March 23, 2010

Rob McKenna, a Republican from Washington state (pictured here), is one of 14 attorneys general suing to block the healthcare reform law. Washington Governor Chris Gregoire (D) says she'll fight his lawsuit.

Newscom/File

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Washington state Attorney General Rob McKenna's crusade against healthcare reform has a motto, it seems. “Congress has never passed a law requiring its citizens to buy a commercial product,” says the Republican in a phone conversation.

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He is busy in what he hopes will become a national movement of state attorneys general, numbering 14 so far, striking back against what they consider the most egregious provision of the healthcare overhaul bill signed this morning by President Obama.

They hope to strike down the requirement mandating purchase of health insurance by all Americans.

In Olympia, Wash., Democrats are condemning him for his decision. Washington Gov. Chris Gregoire (D) says Mr. McKenna did not consult her before he decided to join the others in challenging the congressional bill. She said in a statement that she “totally disagrees” with his opinion and she’ll fight his lawsuit.

Healthcare 101: What the bill means to you

The clash raises the question: What happens when a governor and an attorney general disagree? And will other states run into the same problem? In the wake of the healthcare bill’s passage, a heated legal debate has ensued.

“This happens fairly frequently across the country, especially when the governor and attorney general are from opposite parties,” says Larry Sabato, director of the Center for Politics at the University of Virginia. “The key here is that both are independently elected so neither has control over what the other does."

“McKenna is free to file the suit and Gregoire is free to criticize him for it,” says Mr. Sabato. “But McKenna has the power to do what he has done.”

McKenna certainly agrees. He says the 10th Amendment protects states from being forced to follow federal laws that are not covered by the US Constitution. This measure "unconstitutionally imposes new requirements on our state and on its citizens,” says McKenna. "It's an unprecedented federal mandate, requiring all Washingtonians to purchase health insurance, and violates the Commerce Clause and the 10th amendment of the US Constitution.”

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