On December 30, 2009, Republican attorneys general from 13 states, including Florida Attorney General Bill McCollum, wrote to U.S. House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry Reid (D-Nev.) to raise constitutional objections to the health care bill passed by the Senate, HR 3590.

The letter from the attorneys general focused on the provision that would treat Nebraska’s Medicaid costs differently from other states’ costs, arguing that the disparate treatment of the states violated “the most basic and universally held notions of what is fair and just” and was “inconsistent with the protections afforded by the United States Constitution against arbitrary legislation… .” T he attorneys general also cited potential issues under the Due Process, Equal Protection, and Privileges and Immunities provisions of the Constitution.

The effort of the attorneys general was organized by South Carolina Attorney General Henry McMaster and was joined by Attorney General McCollum and attorneys general from Alabama, Colorado, Idaho, Michigan, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Virginia, and Washington.

Earlier in the week, Attorney General McCollum also directed his staff to review the question of whether the provision of the Senate bill requiring all persons to obtain health insurance, the so-called individual mandate, violated the right to privacy of the Florida Constitution.