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Corbett & Co. to sue to block health-care law

State Attorney General Tom Corbett and Republican colleagues from across the country vowed yesterday to challenge the health-care reform legislation approved by the U.S. House in a narrow vote Sunday night.

State Attorney General Tom Corbett and Republican colleagues from across the country vowed yesterday to challenge the health-care reform legislation approved by the U.S. House in a narrow vote Sunday night.

Corbett, a candidate for governor this year, has a strong political motivation to attack the Democratic legislation in advance of the May 18 primary election.

But the original basis for his threat, first made in December, has evaporated.

In a statement issued yesterday, Corbett said he will file a lawsuit "to protect the citizens of Pennsylvania," whose rights, he said, "will be violated" by the law. He added that he believes courts will find the law "unconstitutional."

Later, Corbett spokesman Kevin Harley could not say what part of the legislation violates the Constitution, adding that "specific claims" for the suit are still being developed by his boss and attorneys general from at least 10 other states.

Corbett and 12 other Republican attorneys general threatened to sue in late December, after the Senate passed a version of the legislation that promised $100 million in Medicaid assistance for Nebraska.

In their Dec. 30 letter to congressional leaders, the attorneys general cited that issue as the basis for their lawsuit.

But the Senate is expected to ratify the House legislation this week, and it doesn't include the Nebraska promise.

That has the attorneys general shifting tactics.

Five of them - from Virginia, Nebraska, Michigan, Texas and Utah - issued statements yesterday complaining that the legislation infringes on the rights of citizens by requiring them to purchase health insurance.

North Dakota Attorney General Wayne Stenehjem issued a more cautious statement, saying he will not decide on filing a lawsuit until he has completed a "thoughtful legal analysis."

Like Corbett, the attorneys general in South Carolina and Michigan are running for governor.

In December, when he first threatened to file suit, Corbett was facing a primary challenge from U.S. Rep. Jim Gerlach, who was touting his vote against the legislation.

Gerlach dropped out of the race, but Corbett still faces state Rep. Sam Rohrer, who has campaigned against the reform effort.