MADISON, Wis. (WTAQ) - Governor Jim Doyle denied state Attorney General J.B. Van Hollen's request to contest the constitutionality of the new health care reform law. In a letter, Doyle says Wisconsin will not enter into litigation intended to deny health care for tens of thousands of residents. Leaders in the Legislature has yet to formally respond to Van Hollen's letter.
Here's the full letter:
Dear Attorney General Van Hollen:
I have received your request for permission to file an action to contest national health insurance reform. I am denying that request.
This law is an act of Congress, signed by the President of the United States. The lawsuit you suggest is a frivolous and political attempt to thwart the actions of Congress and the law of the country.
National health insurance reform will extend coverage to more than 172,000 Wisconsin residents and will benefit families and small businesses throughout the state.
This year, small business owners will receive tax credits to buy health insurance. Insurance companies will no longer be able to deny coverage to American children because of a pre-existing condition; nor will they be able to drop someone's coverage when they get sick and need it the most.
This law enhances the actions taken by my Administration to make Wisconsin America’s health care leader.
The State of Wisconsin will not enter into litigation intended to deny health care for tens of thousands of residents.
Sincerely,
Jim Doyle
Governor
Earlier Thursday, Van Hollen asked the governor and Legislature today for permission to sue the federal government to strike down parts of the health care reform law. Van Hollen admitted that his chances of getting the permission to sue are slim and none, because Democrats control the governor’s office and the Legislature. And Democratic leaders support the package President Obama signed into law on Tuesday. But Van Hollen says the law violates the Interstate Commerce Clause by forcing most Americans to buy health insurance or pay fines. In Van Hollen’s words, “Congress has never done such a thing – the U.S. Supreme Court has never ruled on such a thing – and it’s clearly a power left to the states under the Constitution.”
Some conservatives have questioned whether Van Hollen needs anyone else’s approval to sue Washington. But he said the law requires him to get the blessing of the governor or one house of the Legislature. Democratic Assembly Speaker Mike Sheridan says he’s not interested in pushing it. Van Hollen said a lawsuit is necessary to protect Wisconsin’s sovereign interests, and the interests of its residents. And despite the partisan divide, Van Hollen said he held out hope for a lawsuit. As he put it, “I believe the people who serve in the Legislature want some power, and don’t want Congress to step on their reserve powers. And he hoped it would override, “any potential political desire.”
34 GOP legislators urged Van Hollen to pursue a lawsuit, and so did the two major Republican candidates for governor. Van Hollen denied he was acting under the party’s pressure. State Democratic Party chairman Mike Tate said Van Hollen, “went to work against health care for the sick.”