Attorney General Drew Edmondson Will Not Join in Lawsuit Against Health Care Reform

By Jon Jordan, NEWS 9

OKLAHOMA CITY -- Attorney General Drew Edmondson announced Friday that he will not join in the lawsuit challenging the constitutionality of the federal health care bill approved by Congress.

After spending hundreds of hours pouring over the 2,500 page healthcare bill, Edmondson said he, along with 17 other attorney's, came to the same conclusion.

Edmondson said he believes the health care bill is a flawed bill, but he said he and his team of attorneys have been combing over it for the past couple of weeks and they could not determine whether there were constitutional questions. Because of that, he said he decided he would not file what he calls a frivolous lawsuit.

"The lawsuit will proceed in Florida and Virginia, and I think it's time the politicians started addressing the real needs of the state of Oklahoma and not the health care bill," Edmondson said.

Lawmakers could still pass legislation to challenge health care reform. If they do so, state statute requires Edmondson to file the lawsuit. That's something that may not have much democratic support.

"There's really no respectable constitutional scholar that says this is unconstitutional," said Karina Henderson, Oklahoma Democratic Party Spokesperson.

But regardless if lawmakers can force Edmondson's hand, Kevin Calvey, a candidate for Congress, and 15 other Oklahomans have filed their own lawsuit trying to stop the new health care law. Calvey said Edmondson's decision is exactly why his lawsuit is necessary.

"It just makes it all that much more crucial we stand up for ourselves and fight this thing in court," Calvey said.

Calvey said since he publicly announced his lawsuit Thursday, he has received support from hundreds of Oklahomans, many of which he said are even asking to be included in the lawsuit.

Oklahoma's entire congressional delegation, including lone Democrat Rep. Dan Boren, voted against the bill.

Officials in at least 19 states have agreed to file a lawsuit challenging the legislation.

The health care overhaul would extend coverage to 32 million uninsured Americans and make a host of other changes. The Oklahoma Health Care Authority said under the health care law, 250,000 more Oklahomans would have insurance in 2014.

The health care overhaul would cost about $63 million a year through 2020, but the state could save $500 million with fewer nonpaying patients.

However, the Oklahoma State Medical Association said Medicare reimbursement cuts could force doctors to opt out of Medicare, retire early or cut back on their practice.

Oklahoma gubernatorial candidate and Representative Mary Fallin released the following statement regarding Edmondson's decision to not file a lawsuit.

"I am disappointed and extremely frustrated that Attorney General Drew Edmondson has ignored the wishes of Oklahomans and refused to join the bipartisan effort to fight the unconstitutional federal takeover of health care passed by President Obama and Speaker Nancy Pelosi," said Fallin. "This bill will destroy jobs, impose hundreds of millions of dollars in unfunded mandates on Oklahoma taxpayers and reduce the freedoms of all Americans. It is unacceptable that our attorney general is taking his marching orders from the national Democratic Party in Washington rather than defending the rights and interests of working Oklahomans."

State House Speaker Chris Benge shared his disappointment with Edmondson's decision.

"I am incredibly disappointed that Attorney General Edmondson has chosen to ignore the will of not only the Legislature, but also a majority of Oklahomans by refusing to join 19 other states fighting federally-mandated health care," said House Speaker Chris Benge, R-Tulsa. "The Oklahoma people have made it clear that they do not want this legislation, nor can they or the state afford it. However, this move will not stop our resolve and we will be looking at all of our options moving forward as we continue to fight against this heavy-handed approach to health care."

State Representative Glenn Coffee said he was also not in favor of Edmondson's decision.

"Today we have taken a giant step backwards. By filing this lawsuit, we could thwart the liberal left's push to encroach on the liberties of all Oklahomans. Attorney General Drew Edmondson has refused to make this bipartisan move to challenge the constitutionality of Obamacare. But we as a legislature will continue to fight for the state of Oklahoma and not allow the government to strip away our liberties one mandate at a time."