Kansas may join health lawsuit; 71 lawmakers from 26 states ask to file brief to support law

Kansas City Star: "If Kansas Gov.-elect Sam Brownback and Attorney General-elect Derek Schmidt have their way, Kansas will soon be among" states participating in a federal lawsuit against implementation of the federal health law. "Although several of the lawsuits have been dismissed, one of the most prominent — filed by the state of Florida on behalf of 20 other states — was recently approved for further review. … Brownback said he would direct Schmidt to join this lawsuit. But even if the Florida court rules that the provision is unconstitutional and strikes down the law, the court only has control over what happens in its own state. So what would that mean for Kansas? 'It might not mean anything,' said Stephen McAllister, a constitutional law professor at the University of Kansas. 'Until the Supreme Court resolves it, it may not have any effect at all'" (Pfannenstiel, 11/14).

The Hill: Meanwhile, a bipartisan group of "[s]eventy-one state lawmakers from 26 states have asked to be allowed to file a brief opposing the main legal challenge to the healthcare reform law." The group "says it is best suited to push back against claims that the new law — particularly its expansion of Medicaid — infringes on states' rights. That's one of the claims made in the largest healthcare reform lawsuit, which was filed March 23 in Florida and includes 20 states. … Separately, the nation's six leading associations of hospitals and health systems have also asked to file a brief opposing the lawsuit" (Pecquet, 11/15).