Source:
Think ProgressKansas Attorney General Refuses To Sue Federal Government Over Health Care Reform
Steve Six Yesterday, Kansas Attorney General Steve Six announced that his office would not be joining other states’ attorneys general in suing the federal government on the allegation that the new health care law is unconstitutional. From his statement:
The attorney general’s office has completed its legal review of the Patient Protection and Affordable Care Act. Based on that extensive analysis, I do not believe that Kansas can successfully challenge the law. Our review did not reveal any constitutional defects, and thus it would not be legally or fiscally responsible to pursue this litigation. <...>
Legal precedent demonstrates that throughout our nation’s history, the U.S. Supreme Court has been reluctant to overturn legislative acts unless a clear and direct constitutional violation is shown. Article I, section 8 of the U.S. Constitution expressly gives Congress the power to legislate on matters affecting interstate commerce. The Supremacy Clause makes these laws supreme, regardless of any state laws or state constitutional provisions to the contrary. No serious argument may be advanced that the healthcare industry and all those who participate in it — including doctors, nurses, patients and insurers — are not part of interstate commerce. <...>
I do not believe it is in the best interest of Kansas to divert resources from these vital legal matters to pursue a lawsuit driven by political differences and policy debates, a lawsuit that I believe has little to no chance of success and will squander scarce resources in a time of severe budget shortfalls.
Read more:
http://thinkprogress.org/2010/04/03/kansas-health-care/