Oregon Attorney General John Kroger, a Democrat, is the first state AG to announce he will file a brief supporting the new health care law. From KATU-TV in Portland:
In an interview with KATU News reporter Anna Song Kroger said, “I think if you look at the Supreme Court’s cases on the Commerce Clause of the U.S. Constitution over the last 70 years, it clearly suggests that the government has the power to regulate insurance and indeed to require people to either buy insurance or to pay additional taxes to help pay for insurance.”
As you more than likely know, Washington AG Rob McKenna, a Republican, has joined up with about twelve other AG’s to support a Florida-based lawsuit against the law.
If you go to the KATU link above and click on the “video” tab, you can watch about a ten minute interview with Kroger. It’s not the greatest interview, because the reporter seems to have only a rudimentary grasp of the constitutional issues at stake, but since Kroger is a professor and constitutional scholar you kind of figure he can write a good brief. He kept making the point that it’s important the courts hear from states who hold the law is constitutional, perhaps an indication that there will be others doing the same as Kroger.
I really don’t think Rob McKenna and Bill McCollum (and the rest) have any idea what is going to hit them. The best constitutional minds in the country are lining up against them. All Rob McKenna can do now is double down with the Tea People and The Seattle Times, which right now is advertising a “live chat” with McKenna scheduled for 12:45 pm tomorrow. That would be tomorrow, April 1. Yeah, I know. It would be funny if it weren’t so damn transparent and pathetic.
Damn, why is Oregon so out in front of us on these types of issues?
McKenna, who is not a stupid man, cast his lot with the stupids. I think I know why, but I’m not sure. I look forward to seeing the end of this story. I think we have seen the end of McKenna’s political career. How could he have made such a stupid move?
@1. He’s being “mavricky”. TV news has been reporting it as a “bold move”. I think it is going to backfire.
The one thing we know for sure is that it is purely a political strategy.If he were looking out for his constituents, the State, and the rule of law, he wouldn’t touch this.
This lawsuit is on a par with the lawsuits challenging the legality of the Vietnam War — feels good, and feeds red meat to the protesters, but legally speaking is a nonstarter.
It all depends on whether the fix is already in with the Supremes.
McKenna is running for Governor and he knows who his base is.