Texas Attorney General Greg Abbott said that the push in Washington to force most Americans to buy health insurance may violate the U.S. Constitution and eventually trigger a lawsuit.
Abbott and 13 other attorneys general have already raised constitutional questions about another provision in the legislation, dubbed the "Nebraska Compromise." If passed, that stipulation would shield Nebraska — but not other states — from the cost of expanding Medicaid, the federal health insurance program for the poor.
Now, Abbott warns Texas and possibly other states could sue the federal government over the measure requiring nearly all Americans to buy insurance. The warning from Abbott, a Republican, comes as Congress enters the final stages of negotiations over the health care legislation, Democratic President Barack Obama's signature domestic initiative.
"It would require all citizens to buy something — in this case insurance — or face a tax penalty," Abbott wrote in a letter Tuesday to U.S. Sens. Kay Bailey Hutchison and John Cornyn, both Texas Republicans. "This unprecedented congressional mandate threatens individual liberty and raises serious constitutional questions."
Abbott laid out his concerns in a four-page legal analysis of the legislation, saying the insurance provision goes beyond the regulatory authority granted to Congress. Congress has the power to regulate commerce but not to coerce "every American to engage in commerce by forcing them to purchase insurance," he said.
In an interview with The Associated Press, Abbott said he was still researching the ramifications of a lawsuit over the insurance requirement. He said he has talked about the issue with other attorneys general and expected the topic to be the focus of "intensified discussion" with them in coming days.
As for the Nebraska Medicaid provision, Abbott said a multistate lawsuit against the federal government was a "virtual certainty" if the measure isn't removed as U.S. House and Senate leaders iron out differences in competing versions of the bill.
The special deal for Nebraska was included in the Senate bill after Sen. Ben Nelson, Nebraska's lone Democrat in Congress, held out while other Democrats worked to get 60 votes to cut off a Republican filibuster.
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