Some Constitutional scholars have said that the states cannot successfully pursue overturning the just-passed health care reform bill.

However, the question still is an open one. This story says that in some states governors and state attorneys general are on opposite sides of the fence.

Then again, the governor of Pennsylvania, Ed Rendell, said his state could not afford a lawsuit.

Four governors have written to the U.S. Attorney General asking for help with litigation their own state attorney general is pursuing.

A legal free-for-all.

The New York Times

“Reflecting the bitter partisan divide over health care, governors in at least six states are at war with attorneys general from the other political party about whether to join litigation challenging the new federal health insurance mandate. (Emphasis added)

“In four states — Colorado, Michigan, Pennsylvania and Washington — Democratic governors are criticizing Republican attorneys general for joining the lawsuit over their objections. On Friday, those governors wrote to the federal attorney general, Eric H. Holder Jr., to offer their assistance in defending the new law against the litigation filed by their own states.

“In Georgia and Mississippi, meanwhile, Republican governors are chafing at the reluctance of Democratic attorneys general to join the lawsuit on their behalf. They are exploring ways to circumvent their states’ top legal officers and join the case anyway.”

Source: New York Times, March 28, 2010