Republican lawmaker wants state to ‘direct' Baker to sue over health care

Perdue said he plans to appoint a “special attorney general” to pursue a Georgia lawsuit. Perdue said several attorneys have agreed to take the case for free.

Scott, who is also running for governor, said he thinks the health care legislation “does not reflect the will of the people, and is fundamentally unconstitutional." Since Scott’s proposal was introduced so late in the session, it must clear one legislative chamber by day’s end to have a chance at passage.

The House earlier failed by 10 votes to suspend its rules so that a related bill could be considered. That bill would have amended the state code to rein in the power of the attorney general. The rule suspension required a two-thirds vote (120 votes) but fell short on a 110-52 vote that broke largely along partisan lines.

"I wish to make the will of the people of Georgia abundantly clear to our own attorney general ... we are directing [Baker] to file a lawsuit challenging the constitutionality of the federal health care reform," Scott said.

House Speaker David Ralston (R-Blue Ridge) is among the 30 or so House members who have signed on to Scott’s proposal, House Resolution 1824.

Scott referenced the 10th Amendment to the U.S. Constitution as the basis for the lawsuit.

"Mandating participation in health care reform without the constitutional authority to do so is an arguable violation of the United States Constitution," Scott said.