Darrell McGraw meets a lawsuit he doesn't like

By The West Virginia Record | Jan 21, 2011

Commonplace occurrences aren't news. Dog bites man? That's not news. Man bites dog? That's news.

Attorney General Darrell "Quick Draw" McGraw files another lawsuit? Ho hum. Old Quick Draw refuses to file another lawsuit? Hmm. What's up with that?

Is McGraw becoming less trigger-happy in his declining years? No, there must be some other explanation.

Last year, 20 state attorneys general joined forces to file a lawsuit challenging the constitutionality of the health care reform legislation enacted by the U.S. Congress. Since then, four other AGs have asked to join the suit and two more have filed suits of their own.

That's 26 state attorneys general suing to overturn Obamacare. Darrell McGraw isn't one of them.

State Delegate Jonathan Miller of Berkeley County repeatedly has called on McGraw to file suit to no avail.

Incredibly, our imperious state attorney general claims he is powerless to do what 26 other state AGs are doing. Chief Deputy Attorney General Fran Hughes insists that she and her boss "don't have any authority to bring a challenge to the constitutionality of the federal health care legislation."

In an effort to force McGraw's hand, Miller has proposed both a bill and a constitutional amendment to make it illegal for the government to require residents to buy health insurance. If the bill or the amendment passes, McGraw would be "forced to challenge" the federal legislation, says Miller. "We would also have recourse to compel him to act if he does not act."

As the state's chief attorney, McGraw is "supposed to defend our laws," Miller argues. "To me, this is the best way to get him to act. He's obviously not going to act unless we take some action to compel him."

McGraw might want to rethink his position while he can. As Miller notes, "nearly seven out of 10 West Virginia voters" favor the repeal of Obamacare. They're likely to remember that old Quick Draw finally has found a lawsuit he doesn't like even though the majority of his constituents do.

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