Lawmakers Urge Challenge of Health Care Bill

Staff and Wire Reports

NORMAN, Oklahoma -- There was cheering in Congress when the health care bill passed, but the mood was different at the state Capitol. Lawmakers announced steps to prevent the law from taking effect.

"This is a sad day for America," said Sen. Glen Coffee, President Pro Tem. "This policy impacts Social Security, Medicare and insurance companies are effectively utilities managed by the federal government."

"It's going to create higher costs to the state of Oklahoma that we cannot afford, especially in a time right now when we're experiencing revenue difficulties in our state and struggling to close a $1.2 billion shortfall," Rep. Chris Benge, Speaker of the House, said.

Among those efforts are Senate Resolution 58, which asks federal permission to opt out of any health care mandates, and Senate Resolution 64, which directs the state Attorney General to file a lawsuit to block the legislation from taking effect.

These legislative efforts by Oklahoma and other states to block or opt out of health care mandates reflect constitutional concerns. But are they constitutional themselves? An OU law professor says, no.

There's no merit whatsoever to effort by the Oklahoma legislature to pass a statute or state constitutional amendment barring the application of federal law to Oklahoma citizens," OU Law Professor Rick Tepker said.

Tepker says the reason is the so-called "supremacy clause" in the Constitution, in which federal law trumps any conflicting state law. Tepker says states can file law suits to challenge the constitutionality of the health care bill, but they will likely lose.

"Health care is not an issue reserved to the states," said Tepker. "We've had federal regulation for health care in a variety of ways for the past 50 years."

The vote may be over, but the debate goes on.

In a statement Attorney General Drew Edmondson says he's closely watching the reconciliation bill being considered by the Senate. He says quote "Should the final product contain constitutional infirmities that adversely impact the states and are not otherwise being addressed, we will consider appropriate legal action."

The U.S. House voted late Sunday to approve the overhaul, which would extend coverage to 32 million uninsured Americans and make a host of other changes. Oklahoma's entire congressional delegation, including lone Democrat Rep. Dan Boren, voted against the bill.

Tepker said the correct way to challenge the constitutionality of the health care law is by a federal lawsuit. Officials in at least 10 states have agreed to file a lawsuit challenging the legislation.