NC AG: Office Should Not Defend Unenforceable Law

Attorney General Roy Cooper says his office shouldn't defend in court a challenge to the health care overhaul approved by North Carolina legislators if it becomes state law because the measure is unenforceable.

Cooper told The Associated Press in an interview Thursday his office believes the legislation doesn't work because federal law trumps state law. He also said there are likely unintended financial consequences should Gov. Beverly Perdue sign the bill into law or let it become law without her signature.

The bill approved this week directs Cooper to enter a lawsuit or challenge a federal health care provision requiring most people to get health insurance or face a penalty.

Cooper announced last year he wouldn't join a lawsuit, leading to the GOP legislation in Raleigh.


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  • by McArthur Park on Feb 25, 2011 at 07:38 PM
    It is very apparent that Mr. Cooper is constitutionally ignorant. The U S Constitution is clear as to the functions that the Feds can interfere in a citizens life AND healthcare mandates are NOT one of them. I firmly believe that Dems are a bunch of inept legislators who rule by their feelings and desires instead of by the law of the land. I place quite a few of the repubs in this group also. Government not in session is the best government for America. At least then, they cannot hurt us.
  • by Obama Snake Oil Co Location: Washington on Feb 25, 2011 at 03:20 PM
    Anonymous on Feb 25, 2011 at 04:47 PM as the constitution is written, healthcare would have been a state matter, not a federal since they have no jusidiction. The other part, you cannot force someone to be fined by the feds for health insurance. Congress will level no fine.....they did.
  • by Anonymous on Feb 25, 2011 at 01:47 PM
    He's right, whether you agree with him or not. Federal law trumps state law, and even if somehow the health-care bill goes to the Supreme Court, it's likely going to hold up under the commereace clause. I wish they could drop the mandate that forces one to purchase health-insurance, but without it, the entire bill is useless.
  • by Bruce the Shark Location: Greenville on Feb 25, 2011 at 10:42 AM
    Hard to imagine this but Roy Cooper is a democrat. Why would he want to enforce an unConstitutional law that is supported by Purdue and Obama, both democrats.
  • by US-First Location: Greenville on Feb 24, 2011 at 08:13 PM
    so long Cooper. I am sure the Pres will give you a nice cushy job at the federal level. Obviously what you are bucking for. At least for now you are the NC AG not the US AG so please start acting in the interest of NC.
  • by Bruce the Shark Location: Greenville on Feb 24, 2011 at 08:07 PM
    Of course he won't defend the will of the people, he is an elected democrat. Gov. Perdue and her ship started sinking in November. Mr. Cooper is worried about the financial consequences of disobeying The President of the Muslim Brotherhood and the New World Order. Mr. Cooper, Could our predident be the charcter tht my bible talks about in the Book of Revelations. You know, the charasmetic charmer that unites the world so that it can all crumble at once. Not defending the will of the people is another word for being a cowrd and a "yes" boy. The people voted and it was very clear what the working people of NC want. Will you be going back to work practicing law after the election of 2012?
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