Attorneys for the Obama administration have requested the dismissal of the lawsuit filed by 20 states opposing the health reform law, citing, among other things, that the minimum coverage provision at the heart of the lawsuit "is well within Congress's authority under the Commerce Clause."
Assistant U.S. Attorney General Tony West, also responding to the lawsuit's claim that the expansion of Medicaid eligibility would cause an "undue financial burden" for states, wrote that, not only is the Medicaid program optional for states, but it already has expanded eligibility several times since it's creation.
"[Upholding the lawsuit] would ... allow States to accept federal money and ignore the terms on which it is extended," West wrote, "a blank check that courts consistently have rejected."
Washington Attorney General Rob McKenna--a Republican who helped his state to join in on the lawsuit--said in a statement after the motion was filed that litigation efforts would continue "as far as necessary to obtain relief."
"While we all agree that people should have access to affordable, quality healthcare, healthcare reform is too important to build on an unconstitutional foundation," McKenna said.
Florida Attorney General Bill McCollum echoed McKenna's sentiments in a response of his own.
"[T]he federal government is threatening our state sovereignty with this unprecedented expansion of federal powers and commandeering of state resources," McCollum said. "This is not acceptable."
For more information:
- read this Associated Press article
- read this Wall Street Journal Health Blog post
- here's the motion
- check out this Lewiston (Idaho) Morning Tribune piece
- read McKenna's full response
- here's McCollum's full response