News Columns & Blogs

Six made correct decision not to sue

Attorney General Steve Six made the correct legal analysis of the health care reform law and the correct decision not to sue the federal government. Now the Kansas House also needs to be smart and not force Six to sue. Though there may be much to dislike about the new law, it does not, as Six concluded, clearly or directly violate the U.S. Constitution. "Thus, it would not be legally or fiscally responsible to pursue this litigation," Six said. And even if, by some remote chance, the lawsuits by other states are successful and the U.S. Supreme Court rules that the law is unconstitutional, that decision would apply equally to Kansas. So there is no reason for the state to spend its scarce budget dollars on a lawsuit — that is unless the real reason is political, not legal.