N.H. high court: AG need not join care lawsuit


KEVIN LANDRIGAN
Nashua Telegraph
June 16, 2011

New Hampshire’s highest court gave Attorney General Michael Delaney a slam dunk victory Wednesday, saying he can’t be forced to join a lawsuit against the federal healthcare law.

In a unanimous advisory opinion, the justices agreed with Delaney that such a mandate would violate the separation of powers clause of the state’s constitution.

Forcing Delaney to join the lawsuit brought by more than two dozen other states would “usurp the essential authority” of the executive branch to decide which legal cases to pursue, the justices ruled.

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