Challenge to Washington State's participation in health care lawsuit clears initial hurdle

The City of Seattle is petitioning 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).

The initial decision for the Court is whether to send the case to superior court for additional fact finding, to send the matter forward in the Supreme Court for consideration and a decision, or to dismiss the action.

The Commissioner of the Court issued an order on July 2 allowing the action to move forward in the Supreme Court. The Commissioner noted that the federal lawsuit would proceed regardless of McKenna's involvement, and therefore there is no need for accelerated consideration of the case. Seattle's opening brief is due September 13, the Attorney General's response is due October 4, and the Supreme Court will hear arguments in the case on November 18.

The case is City of Seattle v. McKenna, No. 84483-6.

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Grassman - July 7, 2010 7:14 PM

It's amazing to me that our largest city is so politically biased that they would go as far as to try to prevent our state attorney general from doing HIS JOB. It's not like McKenna is going to single handedly shut down the insurance coverage mandate. He's joining other attorneys general in a legal challenge where the court system will consider his argument and make a decision. Since when does the City of Seattle have anything to do with it? This reminds me of the ridiculous city councils around the country that would pass their symbolic resolutions opposing the Iraq war. Perhaps the folks in the City of Seattle don't have enough to do. Maybe some job cuts are in order.

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