S.C. Attorney General to press fight

COLUMBIA -- South Carolina Attorney General Henry McMaster said Monday that a plea from U.S. Sen. Ben Nelson to "call off the dogs" won't deter him from fighting a provision in the Senate's health care overhaul bill that favors Nebraska.

In fact, McMaster's initiative to prepare legal action against the provision gained more support Monday when Oklahoma's Drew Edmondson became the 14th attorney general in the country and the first Democrat to sign on.

"Politicians in Washington are proposing to pass a law that is unfair, unjust and unconstitutional -- and burdens 49 states, including South Carolina," McMaster told The Post and Courier.

McMaster, a Republican running for governor, said his research has uncovered more potential constitutional flaws with the legislation, including another provision that gives Florida an advantage.

After agreeing to vote for the bill, Nelson, a Nebraska Democrat, was given a deal that the federal government would pay 100 percent for Medicaid expansion in his state. Nelson's vote assured the bill would pass the Senate.

McMaster said it is unconstitutional to give special treatment to one state. He dubbed the deal the "Cornhusker Kickback." McMaster wrote a letter co-signed by 12 state attorneys general to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid to warn about possible legal action if the provision is not deleted. McMaster said he has not received a response.

But U.S. House Majority Whip Jim Clyburn, a South Carolina Democrat who will be a party to the conference negotiations in Washington over the health care bills, said he would use the Nebraska provision as a chance to bring home a better deal for South Carolina.

McMaster said he had a 10-minute conversation with Nelson on Thursday. Nelson told McMaster that he did not ask for the Nebraska deal as a way to secure his vote, according to a memo by Trey Walker, McMaster's chief executive assistant. Nelson said the provision was a placeholder to give every state the same deal.

Nelson's spokesman did not immediately provide a response.