Healthcare Reform Update: Election results
The National House Exit Poll showed a country evenly divided over the healthcare reform law, with 48% of respondents saying that they were in favor of repeal, 16% saying the law should be left as it is, and 31% responding that it should be expanded. However, an analysis by the Free Enterprise Nation of the local races, particularly those for attorneys general, indicates that the country is more opposed to the law than these results show. The results of the attorneys general elections around the country echo the findings in FEN’s pre-election poll, in which 12% of Democrats, 74% of independents and 94% of Republicans indicated a desire to see the healthcare law repealed.
Of the 17 state attorneys general that sued the federal government over the healthcare reform law, seven were up for reelection this year; six of these won their respective races, while the seventh lost in the primary to a candidate vowing to continue with the lawsuit. Another six did not face an election this year, and the remaining four ran for other offices. In all four of those open races, the winning candidates were the ones promising to remain in the healthcare reform lawsuit, including Pam Bondi in Florida, the state acting as the lead plaintiff in the multi-state suit. This means that none of the states suing over the lawsuit are likely to drop out.
In the four states that are on the lawsuit despite the refusal of the attorneys general to participate, two (Mississippi and Nevada) were not up for election this year. The other two ran unsuccessfully for governor, and voters in their states, Arizona and Georgia, selected new attorneys general that said they will officially participate in the lawsuit. Mississippi Governor Haley Barbour plans to remain on the lawsuit, as does newly-elected Nevada Governor Brian Sandaval.
Even more telling than the fact that the lawsuit is not losing any participants is that the plaintiffs are likely to get even more support. Newly-elected attorneys general in Ohio, Oklahoma and Kansas all campaigned on joining the lawsuit against the healthcare reform law. This would bring the total number of states legally challenging the law, particularly the individual mandate, from 21 to 24, and the number of attorneys general participating from 17 to 22.
| STATE |
Attorney General |
2010 Election |
Lawsuit Status |
| Alabama |
Luther Strange |
Newly elected |
Previous AG had participated; plans to remain on the lawsuit |
| Alaska |
Daniel Sullivan |
N/A |
On the multi-state lawsuit |
| Arizona |
Tom Horne |
Newly elected |
Previous AG refused to participate; Gov. Brewer filed on behalf of the state. Horne's office will officially join the lawsuit. |
| Colorado |
John Suthers |
Reelected |
On the multi-state lawsuit |
| Florida |
Pam Bondi |
Newly elected |
Previous AG Bill McCollum was the lead filer of the multi-state suit. Bondi intends to continue with the lawsuit. |
| Georgia |
Sam Olens |
Newly elected |
Previous AG refused to participate; Gov. Perdue filed on behalf of the state. Olens's office will officially join the lawsuit. |
| Idaho |
Lawrence Wasden |
Reelected |
On the multi-state lawsuit |
| Indiana |
Gregory Zoeller |
N/A |
On the multi-state lawsuit |
| Kansas |
Derek Schmidt |
Newly elected |
Campaigned on joining the lawsuit |
| Louisiana |
James Caldwell |
N/A |
On the multi-state lawsuit |
| Michigan |
Bill Schuette |
Newly elected |
Previous AG had participated; plans to remain on the lawsuit |
| Mississippi |
Jim Hood |
N/A |
Refused to join; Gov sued on behalf of state |
| Nebraska |
Jon Bruning |
Reelected |
On the multi-state lawsuit |
| Nevada |
Catherine Cortez Mastro |
N/A |
Refused to join; Gov sued on behalf of state |
| North Dakota |
Wayne Stenejhem |
Reelected |
On the multi-state lawsuit |
| Ohio |
Mike DeWine |
Newly elected |
Campaigned on joining the lawsuit |
| Oklahoma |
Scott Pruitt |
Newly elected |
Campaigned on joining the lawsuit |
| Pennsylvania |
Thomas Corbett |
Elected Governor |
Unsure who will take over as AG |
| South Carolina |
Alan Wilson |
Newly elected |
On the multi-state lawsuit |
| South Dakota |
Marty Jackley |
Reelected |
On the multi-state lawsuit |
| Texas |
Greg Abbott |
Reelected |
On the multi-state lawsuit |
| Utah |
Mark Shurtleff |
N/A |
On the multi-state lawsuit |
| Virginia |
Ken Cuccinelli |
N/A |
Filed separate lawsuit on behalf of Virginia |
| Washington |
Robert McKenna |
N/A |
On the multi-state lawsuit |