On Tuesday the president signed the health care reform bill, which to some is a BFD, and I’m not talking about fire departments. Locals were talking about it. Also on Tuesday some state attorneys general, including ours, joined in a lawsuit questioning the constitutionality of some of the bill’s provisions.
In response the Legislature might write into the budget a provision limiting the AG’s ability to offer such a lawsuit.
It all made for interesting radio on KIRO Tuesday. State Attorney General Rob McKenna, Gov. Chris Gregoire and U.S. Rep. Jay Inslee, D-Bainbridge Island, were all on the Dave Ross show. McKenna made a repeat appearance on the Dori Monson show.
If you’ve got a few minutes, and if you’re here you clearly do, listen to the conversations. They’re available after the jump.
McKenna is clearly in the position that elements of the bill are unconstitutional, and he goes to some length to argue why. Gregoire and Inslee both say his interpretation is wrong, but spend more time talking about what impact it would have if McKenna’s case is ultimately upheld in the courts. If you’re a fan of the bill, that should worry you.
The U.S. Justice Department plans to defend the bill, so it isn’t as if no one thinks the bill passes muster. The problem comes, though, because the attorneys general could win. McKenna argues that they’re only going after particular elements of the bill, but Inslee and others argue that the elements they’re going after are pins that hold the whole thing up. Kill the mandate and you’ve essentially killed the bill.
The next question, then, is do Republicans really want to win this fight? If they do, will it give Democrats the opening to put forward something closer to a single-payer system? Dave Ross argues that if you turn this whole thing into a tax, rather than a forced entry into the market, you probably don’t get the same constitutional debate. At least those kind of cases have been argued and settled in the past.
