City of Seattle asks Supreme Court to order AG McKenna to drop health care lawsuit
The City of Seattle is asking the Supreme Court of Washington to order Attorney General Rob McKenna to withdraw from the multistate lawsuit challenging the constitutionality of the health care bill recently adopted by Congress (the Patient Protection and Affordable Care Act).
On April 22 City Attorney Peter S. Holmes filed a petition for a writ of mandamus. He wants the state Supreme Court to order a formal withdrawal from the lawsuit.
“The Mayor, the City Council and I want Rob McKenna to comply with the law. He does not have the authority to take this cynical, partisan action in the name of the State of Washington,” Holmes said. “He certainly does not represent the City of Seattle. While claiming concern for the U.S. Constitution, the Attorney General disregards Washington’s own constitution. He should withdraw from the lawsuit.”
According to the City Attorney’s Office, the Washington Supreme Court clerk has set a commissioner’s hearing for the petition for June 24. If the commissioner decides to send the case on to the Supreme Court a hearing date and briefing schedule will be assigned.
When McKenna announced he would join the lawsuit he said: “I believe this new federal health care measure unconstitutionally imposes new requirements on our state and on its citizens. This unprecedented federal mandate, requiring all Washingtonians to purchase health insurance, violates the Commerce Clause and the 10th Amendment of the U.S. Constitution.”
We usually don’t offer predictions on this blog, but the odds for the City of Seattle are not good. The Supreme Court very rarely issues writs of mandamus. The petitioner must show that a public official is failing to perform a mandatory, non-discretionary duty. The attorney general will likely argue that his office has discretion in making litigation decisions.
This type of case, where the Supreme Court can find some freedom of judgment on the part of the official, usually result in a denial of the petition. Just recently the Supreme Court refused to issue a writ of mandamus, holding that Gov. Gregoire had no obligation, despite clear statutory language, to include arbitrated awards for public employees in her 2008 budget proposal.
Is it possible for the City Attorney to be more rude? He served the AG at his residence! This is hardly necessary; indeed, I suspect the AG would have accepted service, thereby saving the taxpayer the process server's fee. This is very unprofessional practice.
And I suspect Mandamus is even less likely to issue against an elected officer. The ballot box is generally the means by which elected officers are judged.
I think that the City of Seattle has no authority to require the Attorney General to withdraw from the Flordia case because Seattle only has authority to ask for the relief of the authority that Seattle has. Seattle does not have the authority to talk for other cities.
I find it telling that the arrogant City of Seattle and its usual suspects are trying to sue AG Mckenna for doing what hes supposed to do in his office.SHAME ON ALL OF YOU!!!Ihope you all don't mind losing your seats in 2010!