OLYMPIA, Wash. (AP) - Washington Attorney General Rob McKenna has the authority to challenge President Barack Obama's health care overhaul, but the governor might have the power to intervene, the state Supreme Court said Thursday.
Justices said unanimously in their ruling that the City of Seattle cannot force McKenna to withdraw from litigation against the law. The decision emphasized that the high court was not expressing an opinion on the wisdom of challenging the law.
McKenna said he was pleased with the ruling.
"It's important that the state's constitutionally-established, independently-elected Attorney General - whomever it may be - have the authority to protect the legal rights of the state and its people in the years to come," he said in a statement.
The justices left open the possibility that the governor could intervene to stop McKenna's action, saying there's merit to the argument that the state's chief executive has superior authority when the two agencies disagree on the correct course of action. Gov. Chris Gregoire was not a party to the case, and the justices said they will rule separately on that issue if it comes to them.
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