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Minnestoa

This article is part of the State Status and News series related to the Patient Protection and Affordable Care Act.

On 05-Apr-2010, Minnestoa Attorney General Lori Swanson, a Democratic Party member, rejected the order from Minnesota Governor Tim Pawlenty, a Republican Party member, to join civil litigation in opposition to the PPACA. In her statement, the Attorney General told the Governor that “he could file his own friend-of-the-court brief as governor to support the legal challenge.” In response, “the governor's office issued a statement saying that Pawlenty will join other Republicans in fighting the law. 'Governor Pawlenty believes that the federal government is overreaching by subjecting citizens to a fine if they do not comply with a mandate to buy a good or service,' the statement said. 'Governor Pawlenty intends to participate in this litigation'.”1)

Minnesota Attorney General Lori Swanson has rejected a request from Gov. Tim Pawlenty to sue over the new federal health care law.

Instead, Swanson said Monday she will file a friend-of-the-court brief supporting the federal government in a lawsuit filed by 13 state attorneys general.

[…]

Pawlenty had asked Swanson to challenge whether a requirement that individuals buy health insurance is constitutional.

Swanson tells Pawlenty he could file his own friend-of-the-court brief as governor to support the legal challenge.

In response to Swanson's decision, the governor's office issued a statement saying that Pawlenty will join other Republicans in fighting the law.

“Governor Pawlenty believes that the federal government is overreaching by subjecting citizens to a fine if they do not comply with a mandate to buy a good or service,” the statement said. “Governor Pawlenty intends to participate in this litigation.”

Baran, Madeleine (Associated Press). “Swanson Won't Sue To Stop Health Care Reform”. Minnesota Public Radio MPR NewsQ. April 5, 2010. Available online as of 2010-04-05.

Republican Gov. Tim Pawlenty wishes DFL Attorney General Lori Swanson would have filed a lawsuit over the federal health care bill, but appreciates Swanson indicating that he as governor could do so.

“We'll do that,” Pawlenty said this morning at an event in St. Paul.

The governor indicated he had not yet decided on an exact course of legal action.

Pawlenty argues the health care bill is illegal, because it requires Americans to have health insurance or face a fine.

It's vast overreaching by the federal government, he argues.

Democrats have dismissed Republican legal arguments against the legislation, saying they're based on legal misinterpretations and bogus states' rights theories.

Budig, Tim. “Gov. Pawlenty Will File Lawsuit Over Health Care Bill”. Hometown Source (blog). April 6, 2010. Available online as of 2010-04-06.

1) Baran, Madeleine. “Swanson won't sue to stop health care reform”. Minnesota Public Radio NewsQ. April 5, 2010. Available online as of 2010-04-05.