The multi-state lawsuit striking at the heart of healthcare reform is very controversial. It would invalidate the individual mandate for people to buy insurance, which was intended to make it more affordable for those with pre-existing conditions. According to the suit’s backers, that provision violates the 10th Amendment of the Constitution, which they interpret as giving the states all powers not specifically assigned to the federal government in that document. The Obama administration, meanwhile, claims that the Commerce Clause in our founding document gives the federal government the power to regulate interstate commerce that has a direct impact nationwide.
The man primarily responsible for getting over 20 states to join his efforts is Bill McCollum. He is Florida’s attorney general and a Republican. McCollum is also facing a tough primary battle for the GOP nomination to become the Governor of Florida. His actions have helped to shore up his support among Tea Party members, many of whom will be voting in the primary.
Still, it has not been a smooth ride. McCollum has been the target of opposition by Democrats who feel that the lawsuit is a waste of time and money, since there is a very high chance that it will be upheld in the Supreme Court. With Florida already suffering from budget problems, some believe that the filing inappropriate and politically motivated.
Now there is even more controversy surrounding the health insurance plan reform lawsuit, this time involving its legal representation. McCollum hired David Rivkin of the law firm Baker & Hostetler to represent the states. As it turns out, Rivkin was McCollum’s former law partner!
Although the contract limits legal spending to $50,000 (split among the states involved), and McCollum defends it by claiming that Rivkin is being paid a reduced hourly fee, there is a possibility that the state could have received an even better deal. Some law firms may have even taken on the case pro bono, if their partners believed in the cause. However, the contract was never put up for bid, resulting in the potential for wasteful spending.
The leading Democratic candidate for governor, state Chief Financial Officer Alex Sink, has ran with this news and railed against McCollum for his so-called “sweetheart deal”. She considers the healthcare reform lawsuit a pointless distraction from the issues facing the state.
Will this hurt McCollum in the race for his party’s nomination for governor? He has largely become a hero among conservatives for his strong stance–which, if successful, may possibly lead to the repeal of the law. On the other hand, the hiring of a close business partner gives the appearance of impropriety and puts his credibility in question.
His primary opponent, Rick Scott, has so far ignored these allegations. He has largely attacked McCollum from the right, and also supports repeal. Scott also has his own tainted image to deal with: in the 1990s, hospital chain Columbia/HCA was accused of Medicare fraud when he was the CEO. That is another example of alleged misuse of government funds. Scott’s campaign may not want to be the pot calling the kettle black.
