CONCORD, N.H. (AP) — New Hampshire's Supreme Court, in a unanimous opinion Wednesday, said that lawmakers don't have the constitutional power to order the attorney general to join a lawsuit over President Barack Obama's health care overhaul.
The justices concluded that a House-passed bill that ordered Attorney General Michael Delaney to join a lawsuit against the federal health care reform law is unconstitutional.
The bill, "which removes entirely from the executive branch the decision as to whether to join the state as a party to litigation, would usurp the executive branch's power to execute and enforce the law," the court wrote. Therefore, the bill passed by the House "violates the separation of powers clause and is unconstitutional."
State senators had recommended, then tabled a similar bill that recommended that Delaney join the suit, not mandate it. The Senate asked the state Supreme Court last month if lawmakers have the constitutional power to order the attorney general to join other states suing to block the health care act.
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