This evening, Republican state legislative leadership filed a federal lawsuit seeking to halt any attempt to increase access to health care for hundreds of thousands of North Carolinians.
The lawsuit should be summarily dismissed for a number of reasons. First, it turns a solely state law dispute over the power of the Governor — one fully capable of being decided, and one that must be decided, by state judges under state law — into a federal case. This diminishes state authority and the rights of our state courts. Second, the lawsuit is entirely premature as the federal government has made no decision to be litigated.
Finally, the lawsuit invokes federal law and constitutional provisions that are not at issue here in any way. Put bluntly, this is a blatant attempt to place this issue, prematurely and without authority, into federal court because the Republican leadership does not want any state court involvement in the dispute. So now we have a lawsuit that has invented federal claims attempting to put a basic state law dispute into federal court. There may be a dispute, but there is no basis to make a federal case out of it.
The lawsuit should be called out for what it is — frivolous, groundless, and without merit, and it should be procedurally dismissed.