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WILMINGTON, NC (WWAY) — The Republican-controlled state legislature wants to challenge parts of the last year’s federal health care reform, but Attorney General Roy Cooper is against the plan, even though he’s required to join the fight.

North Carolina is set to become the 27th state to challenge the Constitutionality of the last year’s federal health care overhaul. Cooper said he will not enforce the bill

“From the perspective of the Attorney General’s office, this is all about the law and not about the public policy of the issue,” Cooper said during a visit to Wilmington today. “State legislatures across the country cannot pass laws that are in direct conflict with federal law. If it is, it’s unenforceable.”

From the perspective of most of the General Assembly, health care reform is unconstitutional.

“It’s mandating people to buy insurance, when, in reality, it was unprecedented,” said Rep. Danny McComas, a Republican from New Hanover County.

Cooper said the challenge could hurt federal funding for health programs in North Carolina.

“There are certain requirements under both the Medicaid and the Children’s Health Insurance Programs of requiring to charge providers a fee that potentially this new law would prevent them from doing that and could potentially lose that funding for the state of North Carolina. That’s the concern,” Cooper said.

McComas has a different view.

“I think that bill has been vetted very well by many legal scholars, both inside and outside of the General Assembly, and we feel good about it,” McComas said.

The bill requires Cooper as the state’s attorney to represent North Carolina in the challenge, but Cooper said he believes the parts of the bill that conflict with federal law make it unenforceable, so he will not defend it.

Gov. Perdue has said she will neither sign nor veto the bill, which means it will become law after ten days.

Comment on this Story

  • Guest

    Mr. Cooper was in town to pay tribute to a great organization. He took time out of his schedule to drive to UNCW to have lunch with a great group of professionals who provide a multitude of services for this community. WWAY should be ashamed of itself for passing up the opportunity to report on the real reason our Attorney General was in town.

  • If he was in town for something else then he should have left his view on the health care bill in Raleigh.

  • Guest

    I agree with the previous guest;; in the case of the rebate to buy insurance, in my opinion is unconstitutional.

  • momma

    I’m a Republican who doesn’t like Obama care, but I know Cooper is thinking with his brain instead of his heart. LISTEN UP… Federal law supercedes state law. NC getting involved in this show of solidarity is nothing more than a gesture, especially for those Republicans voted into office recently. I get it. But don’t think for a moment all this $$$ pumped into the lawsuit is going to change Obama care. It’s not.
    So please be realsitic WWAY and get away from slanting your views to the more vocal party. It’s my party, but I want the news to be the news. I can get my fix of Right side politics on Rushs’ show.

  • Joe

    So, are we to assume everything coming out of the US congress is constitutional? Are you implying that the people and the states have no recourse? What if African Americans would have taken this stand?

  • I think Cooper thinks right. This is all about the law and not about the public policy of the issue.I also agree with this that all this is not going to change the Obama care.


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