December 30,  2009

            Lansing -  Michigan Attorney General Mike Cox today joined Attorneys General from across the country in sending a formal letter to United States House Speaker Nancy Pelosi and United States Senate Majority Leader Harry Reid, renewing his opposition to the "Cornhusker Kickback," and demanding Congress remove the unfair provision or potentially face legal action.

The "Kickback," a provision in H.R. 3590, the massive health care bill approved on Christmas Eve by the United States Senate, allowed the State of Nebraska to avoid paying its fair share of an expansion of Medicaid by forcing taxpayers in states like Michigan to pick up the $100 million tab.

"Michigan taxpayers work hard day in and day out to provide for their families, pay their bills and build a better Michigan," said Cox.  "The last thing Michigan families need is to have their pocketbooks ransacked by Congress to pay for a sweetheart deal for Nebraska."

The letter sent today demands that Congress strip the Nebraska provision from the final national health care bill or potentially face a federal lawsuit because, in addition to violating the most basic and universally held notions of what is fair and just, the Attorneys General also believe this provision is inconsistent with protections afforded by the United States Constitution against arbitrary legislation.           

The fundamental unfairness of H.R. 3590, the letter argues, may also give rise to claims under the due process, equal protection, privileges and immunities clauses and other provisions of the Constitution.    

Cox signed the letter along with twelve other state Attorneys General who last week formed a workgroup to study the legality of the recent deal made by Nebraska Senator Ben Nelson and Senate Majority Leader Harry Reid.

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