On Wednesday we wrote about Republican gubernatorial candidate Allen Weh’s call for New Mexico Attorney General Gary King to join 13 GOP attorneys general in challenging the constitutionality of health care reform legislation that passed the Senate on Christmas Eve.
Later that day, our sister site The Washington Independent reported that at least one of the attorneys general involved in those efforts isn’t very confident that they can win the lawsuit.
David Weigel of the Washington Independent reported:
At a luncheon hosted by The American Spectator and Americans for Tax Reform, South Carolina Attorney General Henry McMaster, a Republican, laid out the strategy and risks of his push – backed by 12 other attorneys general — for a constitutional challenge to the health care bill being debated by Congress. McMaster was alternately vague (no naming names on other AGs who might support him) and blunt about his chance of success.
“I think that the courts will be deferential to the Congress on any of these questions, no matter what approach is taken,” said McMaster. “That makes it an uphill battle, but that doesn’t mean that it shouldn’t be fought, and it doesn’t mean that it can’t be won.”
McMaster, who is running for governor in South Carolina, said that this effort “could be a campaign issue” in the future “but right now it is not.”