The announcement today by Oregon Attorney General John Kroger, a Democrat, that he won't be among the state attorneys general suing
to overturn federal health care legislation isn't surprising.
But Kroger's statement that his Justice Department "is exploring the possibility of filing" a legal brief in support of the health care law — while not a "big fing deal"
— is a bit of a new twist from a state AG.
Here's what else Oregon's AG had to say on health care in a news release put out by his department:
Based on a preliminary review of the legislation, the Oregon Department of Justice is of the opinion that the health care reform bill is constitutional and that the challenges to the legislation are without merit. Legal scholars around the nation have expressed similar views. As a result, Attorney General Kroger will not waste taxpayer dollars on filing meritless litigation.
Historically, opponents of reform have turned to the courts when they have failed to muster the votes to block major legislation. The Social Security Act, the Civil Rights Act and the Voting Rights Act were all challenged on constitutional grounds and all three of these monumental pieces of legislation were upheld by the courts. Because of the importance of the health care reform legislation, the Oregon Department of Justice is exploring the possibility of filing an amicus brief in support of the law.