Pa., other states sue to block health overhaul

HARRISBURG - As promised, within minutes of President Obama's signing the health-care bill, 13 state attorneys general - among them Pennsylvania's Tom Corbett - joined a suit to block the law on constitutional grounds.

The case, filed in federal District Court in Pensacola, Fla., argues the Constitution does not give Congress the power to mandate that citizens have health-care coverage.

It also says the law violates the Constitution by forcing a mandate on the states without providing resources to pay for it.

"This law threatens every citizen's individual liberties," Corbett said at a news conference. "Citizens should be protected from an overreaching federal government."

Republican Attorney General Bill McCollum of Florida is taking the lead in the suit, which also has been joined by South Carolina, Nebraska, Texas, Michigan, Utah, Alabama, South Dakota, Idaho, Washington, Colorado, and Louisiana. The only Democrat in the group is James Caldwell of Louisiana.

Virginia's Republican attorney general, Ken Cuccinelli, filed a separate suit.

The White House said it was not worried about the legal challenges.

Some constitutional scholars say the Florida suit has little chance because in the eyes of the courts, federal laws have supremacy over state laws.

Others say the Supreme Court might be receptive to hearing the suit's argument that Congress - by requiring the purchase of insurance - is expanding its right to regulate commerce beyond what the Constitution envisioned.

"That's the strongest argument that the attorneys general have made," said Carl Tobias, a constitutional-law professor at the University of Richmond. "But then the courts have given a lot of leeway to Congress on the commerce clause."

Speaking to the other aspect of the suit, Corbett argued the new law would be costly to Pennsylvania. He said the state would have to pay $1.2 billion during the next 10 years as the cost of health-care shifts from federal government to the states - a figure disputed by Gov. Rendell.

"Those who say the federal health-care bill will cost the state money are looking only at the cost side, usually at the expansion of Medicaid to cover people at 133 percent of poverty," Rendell spokesman Gary Tuma said. "They fail to note the savings side," such as federal government picking up costs of children's health insurance and the opportunity for states to save on pharmaceutical purchasing.

Corbett's announcement that he was joining in a lawsuit over a divisive national issue does have political overtones, coming just two months before the May 18 primary in which he is seeking the GOP nomination for governor.

Some say Corbett took a political risk in seeking to use the courts to strike down what many Pennsylvanians view as a major advance in health-care legislation.

While it might be too early to predict how the suit will play in November, it will help Corbett in the Republican primary, said Berwood Yost, of Franklin and Marshall College.

Corbett's opponent, State Rep. Sam Rohrer of Berks County, has been hitting Corbett from the right, and Corbett's fight to stop legislation opposed largely by Republicans strengthens his conservative credentials.

In an interview yesterday, Rohrer said he supported Corbett's move because he personally believes that any involvement in health care by the federal government is unconstitutional.

The state Republican Party and 86 members of the House Republican caucus issued letters of support, but Corbett took flak from several Democratic candidates as well as the Democratic party machine.

The Democratic National Committee blasted Corbett for "playing politics with health care," as did Democratic candidates for governor Joe Hoeffel and Dan Onorato.

Corbett denied he was "playing politics" with the lawsuit announcement. "They can take whatever shots they want at the suit," said Corbett, adding, "If I wasn't running for governor, I would still be up here."