Challenging the Reform Act

In addition to the States mentioned above, on Thursday Arizona Governor Jan Brewer signed Senate Bill 1001, which allows her to bring suit against the Federal Government. Gov. Brewer said the law would enable "...the State of Arizona's ability to defend the rights of Arizona citizens -- rights that today are under direct assault by the federal government through its oppressive and unfunded health care mandates."


The law follows a special session of the Arizona Legislature to review the possibility of joining the Florida lawsuit, and a public battle with the State Attorney General. Attorney General Terry Goddard had previously declined a request to join the suit over the legislation.

Following the special session on Monday, Goddard called the Florida suit "legally dubious and highly political," and said that Governor Brewer's priorities "are seriously misplaced." Goddard reiterated various constitutional experts' opinion that the arguments in the states' lawsuit are not likely to prevail. The governor in turn criticized Goddard, saying that "instead of defending the citizens of the State of Arizona, Arizona's Attorney General instead is only defending his political allies in Washington."

Joining other states that have introduced similar legislation including bills in Alaska, Virginia, Nebraska, Kentucky, and Indiana, the Alabama State Senate has recently passed SB 233, which decrees that Alabama citizens can provide for their health care, and would not be compelled to participate in any health care system. The bill still needs to be passed by the House, where it is currently being filibustered by state Democrats. Republican State Senator Scott Beason is sponsor of the bill.

Uncertainty Remains

North Dakota's AG Wayne Stenehjem is still considering the issue, saying: "Whether some of those admitted flaws give rise to a legally defensible constitutional challenge requires a thoughtful legal analysis." Other AGs have announced they are considering whether to join the challenge, including Tennessee AG Robert Cooper, Minnesota AG Laurie Swanson, Alaska AG Dan Sullivan, Mississippi AG Jim Hood.

California AG Jerry Brown also has not made an official decision, but the tenor of his response indicates he is not favorable toward litigation. In a statement, he said, "Thirteen attorneys general, all but one are Republican, are rushing to kill the federal health care bill by filing lawsuits alleging that the bill violates states' rights. Here in California, a handful of Republican leaders have followed suit and are asking that I join in. Accordingly, I've instructed deputies in my office to carefully review these claims in light of applicable constitutional principles. Health care is not the place, with people's lives at stake, to engage in poisonous partisanship. At this critical time in our nation's history, we need to come together to forge a common purpose."

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