State Supreme Court will hear Seattle's challenge to McKenna healthcare suit |
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Seattle Gay News
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posted Friday, July 9, 2010 - Volume 38 Issue 28 State Supreme Court will hear Seattle's challenge to McKenna healthcare suitby Mike Andrew - SGN Staff Writer State Supreme Court Commissioner Steven Goff has cleared the way for a showdown between Seattle City Attorney Pete Holmes and State Attorney General Rob McKenna. Goff announced July 2 that the full court would hear a complaint by Holmes, on behalf of the City of Seattle, against McKenna's lawsuit challenging federal healthcare reform. McKenna, a Republican and a potential candidate for governor in 2012, announced on March 22 that he would join a suit to block the new healthcare law from taking effect. He is one of 20 state attorneys general who have joined in the suit. McKenna claimed to represent Washington state citizens, who - he says - would be unconstitutionally burdened by the requirement to buy health insurance and to fund an expansion of Medicare through their taxes. Gov. Christine Gregoire vehemently opposed McKenna's suit. "I completely disagree with the attorney general's decision and he does not represent me," she said at the time. On March 24, the Seattle City Council unanimously passed a resolution supporting the healthcare bill and urging the state legislature to deny McKenna funds to pursue the suit. Holmes joined in on April 22, when he filed a petition with the Washington Supreme Court asking them to direct McKenna to withdraw from the suit. "The mayor, the City Council and I want Rob McKenna to comply with the law," Holmes said. "He does not have the authority to take this cynical, partisan action in the name of the state of Washington." "He certainly does not represent the City of Seattle," Holmes continued. "While claiming concern for the U.S. Constitution, the attorney general disregards Washington's own constitution. He should withdraw from the lawsuit." At issue is when and under what circumstances McKenna can sue on behalf of the state. Holmes argued in his April 22 petition that McKenna only has the powers granted to him by the state legislature, and those do not include making an independent decision to join in a federal lawsuit. "None of the provisions of RCW 43.10.030 grant authority for the attorney general to act unilaterally to make the state of Washington a plaintiff in the Florida lawsuit without the governor's concurrence," Holmes wrote in his petition. McKenna filed a motion to dismiss the City of Seattle's action, and argued his views before the court last week. Goff ruled that the Supreme Court would hear Holmes's case, however, because it raises important questions about the constitutional role of state officers. "Arguably at stake is not the fate of the underlying federal lawsuit, but the role of the attorney general in state government," he said in his ruling. "Suffice it to say that the issues in the case seem to me to be sufficiently debatable and important as to call for a decision of the court rather than its commissioner." "Indeed, Commissioner Goff got it exactly right," City Attorney Pete Holmes said in a statement. "This issue demands review by the full court." Oral arguments in the case are set for November 18. Both the city attorney's office and the attorney general's office say that the decision whether Holmes and McKenna will appear personally for their respective sides has not yet been made. Holmes' Communications Director Kimberly Mills did tell SGN, "You know, our softball team beat the attorney general's team last weekend, if that tells you anything&." |
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