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South Carolina Attorney General Henry McMaster and a dozen of his Republican counterparts in other states object to Nebraska getting a break on Medicaid payments.

South Carolina Attorney General Henry McMaster and a dozen of his Republican counterparts in other states object to Nebraska getting a break on Medicaid payments.

Republican attorneys general threaten suit over Nebraska health deal

COLUMBIA, S.C. (AP) — Republican attorneys general in 13 states say congressional leaders must remove Nebraska's political deal from the federal health care overhaul bill or face legal action, according to a letter provided to The Associated Press Wednesday.

USA Today | Published: 12/31/2009 01:58

"We believe this provision is constitutionally flawed," South Carolina Attorney General Henry McMaster and the 12 other attorneys general wrote in the letter to be sent Wednesday night to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid.

"As chief legal officers of our states we are contemplating a legal challenge to this provision and we ask you to take action to render this challenge unnecessary by striking that provision," they wrote.

In a rare Christmas Eve vote, Senate Democrats pushed sweeping health care legislation to the brink of Senate passage, crushing a year-end Republican filibuster against President Obama's call to remake the nation's health care system. The 60-39 vote marked the third time in as many days Democrats posted a supermajority needed to advance the legislation.

Last week, McMaster said he was leading several other attorneys general in an inquiry into the constitutionality of the estimated $100 million deal he has dubbed the "Cornhusker Kickback."

The GOP senators representing South Carolina, Lindsey Graham and Jim DeMint, raised questions about the legislation, which they said was amended to win Nebraska Sen. Ben Nelson's support.

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