The Obama Administration's success in getting Congress to finally pass Health Care Reform might have just helped shift the balance of power in Florida. Florida Attorney General Bill McCollum, the featured Republican Party candidate to replace Charlie Crist in November, wasted no time in filing and participating in the lawsuit
seeking eventual reversal of provisions of the new legislation. Of course, supporters of HCR and the Democratic Party, including gubernatorial candidate Alex Sink cried foul, claiming McCollum was using his office for political gain. It now appears that McCollum's efforts may have been a bit too hasty and he forgot that he was obligated to follow long established procedure in filing his lawsuit on behalf of the State.
Florida Statute 16.52 provides guidelines for the state attorney general to take concerted actions with other states against Federal legislation, however, the guidelines require that the AG must first consult with all members of the states Congressional delegation. McCollum clearly did not do so.
The Statute reads:
"In order to provide for independent action and cooperative participation by the state in a program of concerted action among the states, and independent procedure to oppose any existing or proposed federal legislative encroachments upon constitutional state powers, it is hereby made a duty of the Department of Legal Affairs to make a study of federal legislation - existing and proposed - to determine whether such legislation has resulted, or may result, in objectionable or harmful encroachments upon the constitutional integrity of state governments, and with due regard to this state's full contribution to the national war effort, in cooperation with the attorneys general of other states, or alone, to pursue that course best calculated to preserve and safeguard the constitutional state powers of the government of this state. It shall furnish to each of the several representatives in the Congress from this state, a written statement giving the reasons for any action being considered, or about to be taken hereunder at the time; and if possible, shall procure the assistance of such representatives therein and therefor."
After Congresswoman Debbie Wasserman-Schultz released news about the statute and the failure of the state AG to consult with her office, or with any other Democratic congressman, the campaign of Alex Sink pounced:
Florida Attorney General Bill McCollum was so eager to file a partisan lawsuit designed to deny Floridians the benefits of the new health care reform bill -- he may have neglected his duty under Florida law. Florida Statutes require McCollum to consult with members of Florida's Congressional delegation before filing his politically-motivated lawsuit against health care reform.
"By filing this partisan lawsuit against health care reform, Bill McCollum has shown you can take the man out of Washington -- but you can't take the Washington out of the man," said Florida Gubernatorial Candidate Alex Sink. "McCollum is putting partisanship ahead of health care reform and his personal political interests ahead of the best interests of Floridians."
Wasserman-Schultz statement included this:
U.S. Rep. Debbie Wasserman-Schultz, D-Weston, said the lawsuit was “grasping at straws” and did not have “one singe case citation” in trying to repeal a law aimed at giving 95 percent of Americans health insurance in one of the most sweeping federal social programs in decades.
“I think it’s not coincidence that the attorney general also happens to be running for governor this year. This challenge to healthcare reform is nothing more than pure politics. It is a stunt to boost the attorney general’s gubernatorial campaign and a waste of the taxpayer’s money,” she said.
A McCollum spokeswoman dismissed the attacks as politics in kind. “It’s clear that Democrats have gone into panic-stricken overdrive,” said Kristy Campbell, speaking for McCollum’s campaign.
McCollum filed the lawsuit just minutes after President Barack Obama signed the healthcare law into effect on Tuesday. About a dozen other attorneys general in states nationwide — most of whom are Republicans — have joined the legal challenge, which was filed in federal district court in Pensacola.
State House and Senate leaders also have demanded an investigation by the Florida's Auditor General concerning the filing by McCollum:
House and Senate Democratic leaders want the state auditor general to investigate Attorney General Bill McCollum after he filed a lawsuit challenging the federal health care reforms approved by Congress and signed into law by President Barack Obama.
Democrats accuse McCollum, a Republican who is running for governor, of using his office as the state’s chief legal eagle to promote his candidacy for governor.
“When a state official can deploy not only the vast resources of his office, but hire outside counsel at taxpayer expense to try and block millions of Floridians from finally getting access to health care, it’s time to stop and demand some accountability,” Senate Democratic Leader Al Lawson, D-Tallahassee, said at a press conference this afternoon. “When the same state official, who happens to be a Republican, leads the charge on a national Republican mission to use health care reform as a rally cry in the upcoming elections, it’s time this legislature stops and asks how much in taxpayer money is being diverted from critical issues to advance a political agenda.”
The "outside counsel" hired at taxpayer expense happens to be the law firm of McCollum's former lobbying/lawfirm partner David Rivkin who was hired as outside counsel. According to TPM Muckraker
Florida Attorney General Bill McCollum has so far served as the public face for the legal challenge to the constitutionality of health-care reform. But on the legal heavy-lifting, McCollum has had help from a top member of Washington's conservative legal establishment and former Bush 41 White House lawyer, who once teamed up with the AG as a lobbyist.
David Rivkin, a lawyer with white-shoe DC firm Baker Hostetler, told TPMmuckraker that McCollum personally asked him to get involved with the lawsuit, once it appeared that the reform bill would indeed finally pass. "McCollum approached me on behalf of himself and several other AGs," said Rivkin, who along with Lee Casey, another Baker Hostetler lawyer, is listed on the lawsuit as "of counsel."
more notable quotes from the past few days...
Alex Sink on the "sweetheart deal" with Rivkin:
"He seems to be obsessed by Washington politics and not really acting in the best interest of Floridians," said Sink, a Democrat. "It's unfortunate that he's using taxpayer money to file a suite on behalf of the people of the state of Florida when in fact this legislation is going to provide help for many, many Floridians."
Sink contended McCollum, her GOP gubernatorial rival, was "playing party politics" and objected to his questionable contract with his former business partner, David Rivkin and Lee Casey with Baker and Hostetler. She suggested he should have opened the contract bidding to other law firms, as his legislative priority concerning contingency fee contracts would mandate. "Certainly that's not appropriate in a situation like this," she said. He should have sought proposals "as opposed to providing sweetheart contract to someone he is very close with."
Democratic candidate for Attorney General and Florida State Senator Dave Aronberg who worked in the office of AG Bob Butterworth:
“Unfortunately, this once great Office has been politicized by an Attorney General who is
diverting its limited resources to fighting a national political battle that plays to his
partisan base.
“There are many real problems facing Floridians, including gang violence, foreclosure
fraud, Medicaid fraud and prescription drug abuse, that should occupy the Attorney
General’s time rather than a frivolous lawsuit.
stay tuned.... as President Obama said the other day in Iowa about the Republicans:
now that we passed it, they're already promising to repeal it. They're actually going to run on a platform of repeal in November. You've been hearing that. And my attitude is: Go for it....