Over 100 attorneys join letter urging Attorney General to reconsider suit

From the King County Council Communications Office

Merit and fiscal wisdom of suit questioned by Ferguson, Constantine, Kline, and Pedersen

More than 100 Washington attorneys joined a letter written by local elected officials expressing their disappointment in Attorney General McKenna for joining a federal lawsuit challenging the constitutionality of the Health Reform Act.

Metropolitan King County Council Chair Bob Ferguson drafted the letter and invited King County Executive Dow Constantine, Senator Adam Kline (Chair, Senate Judiciary Committee), and Representative Jamie Pedersen (Chair, House Judiciary Committee), to join him in expressing opposition to McKenna’s decision. All four elected officials are attorneys.

The letter questions the legal merits and cost of the litigation, and requests Attorney General McKenna to reconsider his participation. Word circulated among the legal community about the letter and in the last ten days over 100 attorneys have signed it.

“Most legal scholars believe the lawsuit lacks merit,” said Council Chair Ferguson. “Joining this lawsuit was a mistake and I hope our Attorney General will reconsider his position.”

“This lawsuit does not support the interests of the people of Washington State and is of questionable legal merit,” said Executive Constantine. “I am proud to stand with my colleagues in the law to respectfully request that the Attorney General reconsider his decision.”

“Our Attorney General has chosen sides. He has chosen to oppose the interests of the vast majority of Washingtonians who will be helped in some way by the Health Reform Act, including employers who have not been able to afford health insurance for their employees,” said Senator Kline.

“The underlying principles of law regarding the federal government's power to tax were resolved by the U.S. Supreme Court more than 70 years ago,” said Representative Pedersen. “From a legal perspective, I believe the lawsuit is baseless and I am actively working to make sure that the legislature uses its power of the purse to ensure that the Attorney General does not waste public money on the case.”