Texas Attorney General Greg Abbott warns about constitutionality of Health Care bill

Article from Dallas Business Journal Wednesday, January 6, 2010, 1:21pm CST
Texas Attorney General Greg Abbott has sent letters to U.S. Sens. Kay Bailey Hutchison, R-Texas, and John Cornyn, R-Texas, challenging the constitutionality of the U.S. House of Representatives’ health care bill.

The bill — H.R. 3590 — is also known as the Patient Protection and Affordable Care Act.

Abbot in his letter questions the so-called “Nebraska Compromise” that allowed Nebraska to be exempted from Medicaid expense increases in exchange for the vote of a representative from the state.

Abbott writes in his letter: “If enacted, the Senate version of H.R. 3590 would impose billions of dollars of new Medicaid obligations on 49 states while singling out only one state for special treatment.”

Sen. Hutchison's was not immediately available for comment. But her office sent a transcript from a Senate floor presentation in which the Senator raised concerns about the constitutionality of the bill.

"We haven't had too much time to consider this and certainly constitutional issues will take much thought," Sen. Hutchison said on the floor. "But we do believe that some of the bill's provisions do violence to our constitutional protections."

Hutchison was joined by Sen. Cornyn. His office said Wednesday that the senator raised concerns over the bill's constitutionality with Attorney General Abbott.

“I have confidence that Attorney General Abbott will take the necessary steps to protect Texas taxpayers and the public interest," Sen. John Cornyn responded in a statement released to the DBJ. "I remain concerned that certain parts of the health care legislation, including the individual mandate, violate the U.S. Constitution, and that much of it runs counter to constitutional ideals and principles.”

Abbott also points out in his letter that he is challenging the constitutionality of a bill that creates individual mandates for health insurance.

Abbott argues in his letter that Congress’ ability to tax and spend is in fact limited. He writes: “...in United States v. Gerlach Live Stock Co., the court noted that ‘Congress has a substantive power to tax and appropriate for the general welfare,’ but this power is limited.”

Abbott also warns Hutchison and Cornyn about the billions of dollars in new Medicaid obligations that will hit 49 states.
To read the full letter go this link:

http://www.oag.state.tx.us/oagnews/release.php?id=3191