The American Spectator : The Spectacle Blog : The Battle of the "Cornhusker Kickback"

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The Spectacle Blog

The Battle of the "Cornhusker Kickback"

By Philip Klein on 1.13.10 @ 5:12PM

South Carolina Attorney General Henry McMaster, one of 15 state prosecutors challenging the Senate health care bill's special deal for Nebraska, on Wednesday characterized his effort as an "uphill battle" that nonetheless is worth fighting and winnable.

McMaster, speaking at an American Spectator Newsmaker event, said that the bill violates the Constitution by providing the Cornhusker state with extra Medicaid money to secure the Sen. Ben Nelson's vote.

The prosecutor, who is running for governor of South Carolina, said there are several problems with the deal. It isn't based on any clear standard such as demographics, poverty levels, or so forth. And unlike military bases which may create jobs in a given state but end up serving a purpose for the nation as a whole, the Medicaid deal benefits Nebraska only. The spending was completely arbitrary, he said, and doled out for no other reason than to secure a vote -- in violation of the parts of the Constitution that dictate how Congress can spend its money.

McMaster said that they will be seeking an injunction, but the case would be over if the provision gets dropped. However, he said that there were other elements of the bill that could be challenged. This includes the individual mandate, which would extend Congressional power to regulate interstate commerce to a case in which individuals are not purchasing something, and the measure that would force states to establish health insurance exchanges, which would be an instance of the federal government "commandeering" a state function.

When asked, McMaster acknowledged that courts have had a tendency to be deferential to Congressional power.

"It's an uphill battle," he said. "But it doesn't mean it shouldn't be fought. And it doesn't mean it can't be won."

View all comments (3) | Leave a comment

Big Jim| 1.13.10 @ 9:48PM

"The Cornhusker Kickback" also appears to violate the "Equal Protection" clause of the constitution. The law singles out residents of one state to receive special benefits, at the expense of the residents of all other states, simply because they live in that particular state. That is not constitutional.

Mike| 1.13.10 @ 10:28PM

Henry McMaster states: "It isn't based on any clear standard such as demographics, poverty levels, or so forth. And unlike military bases which may create jobs in a given state but end up serving a purpose for the nation as a whole, the Medicaid deal benefits Nebraska only." He is absolutely right about "The Cornhusker Kickback." Given the past fights about military base closings, my bulls**t detector just registered a "watch this guy."

Voice from the Past| 1.14.10 @ 6:15AM

This bill needs to die in conference. If not, fight it where you find it. From Winston Churchill;
"If you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a small chance of survival. There may even be a worse case: you may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.”