Ben Nelson's Nebraska Deal Unconstitutional?

[matthewhpolsci at aol.com]

I wonder if the Texas Attorney General thinks that ERCOT is pertinent, and if there are not other provisions designed to give a special standing to Texas interests.  Maybe not, but I would ask.

Matthew Holden, Jr.


-----Original Message-----
From: Miller, Darrell (mille2di) <mille2di at ucmail.uc.edu>
To: CONLAWPROFS professors <Conlawprof at lists.ucla.edu>
Sent: Wed, Dec 23, 2009 10:02 pm
Subject: Ben Nelson's Nebraska Deal Unconstitutional?


Any thoughts?  
 
http://www.washingtonpost.com/wp-dyn/content/article/2009/12/22/AR2009122203690.html?hpid=sec-politics
 
Excerpt from the Washington Post:
 
COLUMBIA, S.C. -- The top prosecutors in seven states are probing the constitutionality of a political deal that cut a funding break for Nebraska in order to pass a federal health care reform bill, South Carolina's attorney general said Tuesday. 

Attorney General Henry McMaster said he and his counterparts in Alabama, Colorado, Michigan, North Dakota, Texas and Washington state - all Republicans - are jointly taking a look at the deal they've dubbed the "Nebraska compromise." 
"The Nebraska compromise, which permanently exempts Nebraska from paying Medicaid costs that Texas and all other 49 states must pay, may violate the United States Constitution - as well as other provisions of federal law," Texas Attorney General Greg Abbott said. 
 
* * * 
"'We have serious concerns about the constitutionality of this Nebraska compromise as it results in special treatment for only one state in the nation at the expense of the other 49," [Senator] Graham and [Senator] DeMint wrote.'"


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