Issues: Standing Up For Tennessee
January 5th, 2010

On Monday I sent the following letter to the Attorney General of Tennessee following the announcement that his office will not review the circumstances and effect of the sweetheart deal given to Senator Ben Nelson of Nebraska to secure his vote for passage of the democrat takeover of our nation's health care system.

I have called upon the Attorney General to join those in 13 other states who have raised concerns over the provision included in the democrat health care reform bill that exempts the State of Nebraska from the same cost burden the legislation will place on the other 49 states. It is patently unfair to ask Tennesseans to bear the cost for Nebraska simply because one senator held out to be the 60^th vote for passage. I believe this political payoff for Senator Nelson is unfair to our citizens and will eventually be found unconstitutional. I am hopeful that the Attorney General will reverse the prior statements of his office that they will not stand up for the right of Tennesseans to receive fair treatment from the federal government. Regardless of party, fighting for basic fairness for our state should be a goal we all share.

The Honorable Robert E. Cooper, Jr.

Attorney General of Tennessee

P.O. Box 20207

Nashville, TN 37202-0207

On December 24, 2009 the United States Senate voted for passage of the “Patient Protection and Affordable Care Act” by a 60-39 vote.

Contained within the provisions of this legislation was a special exemption for the state of Nebraska from responsibility for state Medicaid funding that could reach as high as $100 million. This exemption was included in the bill to secure the 60th vote for passage from Senator Ben Nelson of Nebraska. The provision shifts the cost burden to our state and 48 others at a time when our state budget is already in crisis.

I do not write to you today to argue for or against the merits of the legislation itself; although I have grave concerns about how it will affect the delivery of health care in the United States.  According to statements by your office, you are not taking action to determine the constitutionality of this legislation and its impact on Tennessee. I write to request that your office join the Attorneys General of Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, Texas, Utah, Washington as well as the Attorney General-elect of Virginia in their inquiries to determine if this special benefit for Nebraska is unconstitutional and to stand up for the right of Tennessee to receive fair treatment from the federal government.

There are those who will argue that this legislation is not unlike any other bill where monies are set aside for local projects.  But in this case I would argue there is a distinct difference.  When Congress provides funding for local projects such as roads, airports, or locks, it can at least be argued that the citizens of other states are not precluded from enjoying the use and benefit of such projects.  And the improvement of roads in each state provides a benefit to the states around it.  Providing citizens in one state with the so called "benefit" of universal health care coverage, on the other hand, without any of the "burden" is, in essence, taking money out of the pockets of Tennesseans without any hope that they will enjoy the benefits realized by Nebraskans. This amounts to an Unconstitutional taking of property in violation of the Due Process Clause.  

As our state budget faces continuing revenue shortfalls, it is unfair to require our citizens to bear the financial burden for other states in order to secure votes to pass legislation. I call upon your office to begin an inquiry into this matter and to stand with the people of Tennessee.

I look forward to your reply.

Sincerely,

Robin Smith

Candidate for Congress

Third District, Tennessee

Posted by Robin Smith

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