Attorneys general examining whether health bill is constitutional

Republicans on Wednesday argued that the Senate health-care bill includes several provisions that could be proven unconstitutional.

GOP attorneys general in Washington and six other states discussed a court challenge to a provision that singles out Nebraska for special treatment, a concession made by the White House and Reid to lock in Democratic Sen. Ben Nelson as the 60th vote for the legislation. Under the provision, the federal government permanently will pick up the state's entire cost for an expansion of Medicaid, while paying the full tab for the other 49 states for only three years.

Washington Attorney General Rob McKenna referred to the provision as "the Nebraska purchase" and said it may violate the Constitution's requirement that the federal government allocate tax money in the national interest and not for the limited benefit of one state.

"We think it's constitutionally defective. We're continuing to research it," McKenna said. Apart from the legality, he added, "It just doesn't seem right."

McKenna said he supports some of the goals of the bill, but would rather see insurance coverage expanded by reducing state regulations on insurance companies.

Republicans also are questioning the requirement that all individuals buy health coverage, or pay a fine, with McKenna calling the mandate a possible violation of the 10th Amendment, which limits the power of the federal government.

Sen. Kay Bailey Hutchison, R-Texas, who is running for governor, expanded on that argument by saying the bill improperly usurps the authority of states to regulate insurance.

Republicans also highlighted a miscalculation by the Congressional Budget Office (CBO) in predicting the bill's long-term deficit impact. GOP lawmakers said the error suggested Congress' official budget scorekeeper had made other mistakes that might not surface until later.

"We don't have to do this before Christmas," said Sen. Judd Gregg, R-N.H. "The majority leader can stop right now."

Seattle Times staff reporter Jim Brunner and The Associated Press contributed to this report.