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NC attorney general refuses to sue feds over Obamacare


North Carolina’s Roy Cooper joined Georgia’s Thurbert Baker today as two of the few attorneys general who’ve chosen not to sue the feds over Obamacare.

In a letter to Gov. Beverly Perdue, Cooper said the Commerce Clause of the U.S. Constitution gives Congress broad authority and it’s unlikely that a constitutional challenge would prevail. Even if it did, there’s no need to charge North Carolina taxpayers for the courts of a court fight when so many other states already suing.

Cooper said he also does not believe health care policy should be made in the courts:

Health insurance reform and access to health care are policy decisions that should be decided by elected representatives, not by appointed federal judges. There is ample time for elected representatives to change this legislation since most of the provisions in question will not take effect until the year 2013.

Nevada Attorney General Catherine Cortez Masto has also balked at filing suit over the federal health care law. She’s a Democrat, as are Cooper and Baker.

This isn’t really Georgia news, but I’m on Cooper’s mailing list so I thought I’d share his thoughts with you. Here’s his letter and an accompanying legal analysis by NC Solicitor General Christopher Browning.





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