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SeekingFreedom
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COLUMBIA, S.C. (AP) -- Republican attorneys general in 13 states say congressional leaders must remove Nebraska's political deal from the federal health care reform bill or face legal action, according to a letter provided to The Associated Press Wednesday.

"We believe this provision is constitutionally flawed," South Carolina Attorney General Henry McMaster and the 12 other attorneys general wrote in the letter to be sent Wednesday night to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid.

"As chief legal officers of our states we are contemplating a legal challenge to this provision and we ask you to take action to render this challenge unnecessary by striking that provision," they wrote.

In a rare Christmas Eve vote, Senate Democrats pushed sweeping health care legislation to the brink of Senate passage, crushing a year-end Republican filibuster against President Barack Obama's call to remake the nation's health care system. The 60-39 vote marked the third time in as many days Democrats posted a supermajority needed to advance the legislation.

The letter was signed by top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia and Washington state. All are Republicans, and McMaster and the attorneys general of Florida, Michigan and Pennsylvania are running for governor in their respective states.

Last week, McMaster said he was leading several other attorneys general in an inquiry into the constitutionality of the estimated $100 million deal he has dubbed the "Cornhusker Kickback."

Republican U.S. Sens. Lindsey Graham and Jim DeMint of South Carolina raised questions about the legislation, which they said was amended to win Nebraska Sen. Ben Nelson's support.

"Because this provision has serious implications for the country and the future of our nation's legislative process, we urge you to take appropriate steps to protect the Constitution and the rights of the citizens of our nation," the attorneys general wrote.

A conference committee begins meeting next year to work out a compromise between House and Senate versions of the bill. Experts expect those talks will likely last into February, and a spokeswoman for U.S. House Majority Whip Jim Clyburn, D-S.C., did not immediately comment on the letter.

McMaster says if the bill goes through to final approval with the benefit to Nebraska, taxpayers in the other 49 states will have to pay for it.

Meanwhile, Nelson is taking his message on health care reform directly to his constituents. In a television ad beginning during Wednesday night's Nebraska-Arizona Holiday Bowl football game, the Democrat says he stuck by his principles throughout the debate and doesn't want Nebraskans to be confused on his position.

While it's not uncommon for states to challenge federal laws in court, one legal expert said political bluster was likely behind the letter.

"I do think that it is some combination of the losers just complaining about the officiating, or complaining about how the game was played, in combination with trying to make the bill look as seedy and inappropriate as possible, for political purposes," says Andy Siegel, a former University of South Carolina School of Law professor now teaching at Seattle University School of Law.

"It is smart politics to try to tarnish it and make it look less like an achievement and more like some sort of corrupted bargain," he said.

Posts: 1802 | From: Utah | Registered: Mar 2008  |  IP: Logged | Report this post to a Moderator
raybond
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Not enough to do anything

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Wise men learn more from fools than fools from the wise.

Posts: 3827 | From: beautiful California | Registered: Sep 2008  |  IP: Logged | Report this post to a Moderator
SeekingFreedom
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It only takes one or two sympathetic judges to push this along, Ray...

Imagine the irony...Obama's 'Historical' Reform derailed because of Nelson's bribe...

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raybond
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I say no health is going to be in this country dispite anything the right can do now or in the future,they will fight but at this time they are making themselves a laughing stock.

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Wise men learn more from fools than fools from the wise.

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SeekingFreedom
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Interesting development...

Senate Dem Asks South Carolina's Top Attorney to 'Call Off the Dogs'

A Democratic senator from Nebraska who played a crucial role in getting health care legislation passed in the Senate last month has asked South Carolina's top attorney to "call off the dogs" -- a reference to the state official's threat to challenge the constitutionality of the bill.

In a phone call Thursday, Sen. Ben Nelson, D-Neb., urged South Carolina Attorney General Henry McMaster to reconsider, Politico reported. McMaster is the head of a group of 13 GOP state attorneys general who are threatening to file a lawsuit against the Senate health care bill.

Nelson asked McMaster to "call off the dogs," according to a copy of the memo sent by McMaster's chief of staff to other GOP state attorneys general detailing the call and obtained by Politico.

The attorneys general are challenging the constitutionality of a Medicaid provision in the bill that they say benefits Nebraska at the expense of other states.

The deal Nelson cut with Senate Democratic leaders to gain his critical vote would exempt Nebraska from having to pay for the coverage of new enrollees into its Medicaid program and leave the tab with the federal government -- a move expected to cost Uncle Sam $100 million over the next 10 years.

But Nelson told McMaster that the deal wasn't his idea and that the same Medicaid exemption would be offered to every state, according to the memo.

McMaster told Nelson that the state attorneys were seeking to remove the Nebraska Medicaid provision from the bill and that "he saw no way that he -- nor any of the state attorneys general " will support extending the provision to every state, the memo said.


http://www.foxnews.com/politics/2010/01/02/senate-dem-asks-south-carolinas-attor ney-dogs/

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SeekingFreedom
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Now, why would Nelson be the one calling the Repubs to ask them to nicely leave well enough alone...

Hmmmm....

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SeekingFreedom
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Nelson Asks Senate to Withdraw Nebraska Medicaid Deal

Sen. Ben Nelson of Nebraska is asking Senate leaders to eliminate a controversial Medicaid deal for his state in the health care bill.

The moderate Democrat, who provided the crucial 60th vote for the Senate health care bill, has been criticized because Nebraska was exempted paying any cost of a proposed expansion of Medicaid.

All other states would have to pick up a portion of the tab after the first few years.

Nelson's been arguing ever since that he never wanted a special deal for Nebraska and that he wants all states protected from burdensome new costs.

That didn't quiet the controversy so Nelson took it one step further on Friday and asked for the deal to be withdrawn and replaced with a provision treating all states equally.

Posts: 1802 | From: Utah | Registered: Mar 2008  |  IP: Logged | Report this post to a Moderator
   

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