As the United States Supreme Court considers the ultimate legality of Obama Health Care, Washington State Attorney General Rob McKenna said yesterday that he does not believe “Protections for children with pre-existing conditions and for those with little or no income need to be tied to an unconstitutional requirement forcing individuals to purchase government-approved insurance products”.

McKenna wrote yesterday that he believes the Supreme Court will eliminate the unconstitutional section while leaving the rest of the law in place. Adding that health care reform is incredibly important — and so, too, are constitutional protections guarding the rights of all Americans.”

McKenna pointed out that in August the 11th Circuit Court of Appeals struck down the individual mandate without declaring the entire act unconstitutional. It is the 11th Circuit case that is now before the U.S. Supreme Court. Of the dozens of federal judges who have heard challenges to the individual health insurance mandate, only one has struck down the entire law, and he was reversed on that point by the Court of Appeals.

As the lead state in the multi-state suit, the Florida Attorney General has negotiated a cost-sharing agreement with the bulk of the participating states to cover resources and personnel to pursue the case. Washington is not contributing to the cost-sharing agreement. No additional state resources have been set aside for use on this case.