Two States Make Plans to Join Health Care Lawsuit
By Stephanie Woodrow | April 5, 2010 11:08 am

Indiana will join a lawsuit challenging the constitutionality of the new health care law, and the governor of Nevada plans to go around the state’s attorney general in order to join the suit.

After President Barack Obama signed the health care legislation into law late last month, the attorneys general of 13 states filed a federal lawsuit challenging the constitutionality of the new law. The suit, spearheaded by Florida Attorney General Bill McCollum (R), was filed in the Northern District of Florida. Virginia attorney general Ken Cuccinelli (R) has filed a separate federal suit challenging the law.

The Hill reported that during an appearance on Fox News Sunday, Indiana Attorney General Greg Zoeller said his state will join the Florida-based lawsuit.  “It’s really part of our job description to bring these challenges,” he said. “It’s not something that says whether we are for or against the measure it’s really to check to see whether the federal government has extended itself, using its authority, where it really doesn’t have it.”

Meanwhile, the Republican governors of some states have said they will go around their attorneys general if they refuse to join the suit.

Georgia Gov. Sonny Purdue (R) has vowed to circumvent Georgia Attorney General Thurbert Baker (D), a candidate for governor this year, and hire outside counsel to challenge the law.

Nevada GOP Gov. Jim Gibbons also plans to go around his state’s Democratic Attorney General, Catherine Cortez Masto, who has refused to join the lawsuit. Although a state law prevents him from paying a different lawyer to sue, Gibbons plans to use a group of attorneys offering their services for free, Talking Points Memo reported. Gibbons is expected to make a full announcement on the lawsuit Tuesday.

In addition, Arizona Gov. Jan Brewer (R) last week decided to compel her state to sue after Arizona Attorney General Terry Goddard (D) declined to join the suit, The Hill reported.

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