Monday, February 28, 2011

Washington Governor Gregoire files amicus in support of continued ACA implementation

The procedural twists and turns get stranger by the day.

Washington Governor Christine Gregoire has filed a document that I have never heard of--an amicus memorandum in support of continued implementation--in Florida v. HHS. The memo argues that the states should be required to continue to implement the ACA pending appeal of Judge Vinson's ruling.

You can access Governor Gregoire's memorandum here.

UPDATE: The memorandum specifically addresses the situation in Washington, where the Governor is charged with the responsibility of implementing the ACA, but the Attorney General is given litigating authority. Thus, in supporting the non-severability of the individual mandate, says Governor Gregoire, the Attorney General is causing all sorts of problems for the state and its citizens--problems with respect to which the Attorney General has no responsibility. The brief is not only interesting in its explication of what can happen when a state attorney general and governor have opposing policy interests, but also in spelling out some of the practical complications that would ensue if Judge Vinson orders a complete halt to ACA implementation.