Attorney General J.B. Van Hollen sent a letter to Gov. Jim Doyle and the state Legislature March 25 asking permission to challenge sections of the new health care reform law on the grounds that its unconstitutional.

The section being questioned requires individuals to either have health insurance or pay a fine, which critics say violates states’ rights.

Van Hollen called such requirements “unprecedented and unique” in his letter to Doyle and legislative leaders.

“I am very concerned that the Act upsets the proper balance of power between the federal government and the states that was envisioned by the Founders,” Van Hollen said in the letter. “As the state’s lawyer, I take very seriously my duty to protect our state’s sovereignty.”

In order to bring action to determine the constitutionality of the law, the attorney general must be authorized by the governor or either house of the Legislature.

According to University of Wisconsin political science professor Donald Downs, there are sufficient legal grounds to question this section of the bill.

“By requiring citizens to purchase health insurance, the new law takes a step that has not been taken before,” Downs said in an e-mail to The Badger Herald.

Support for the letter has largely fallen along party lines, as Democrats have been opposed to Van Hollen’s request and Republicans have generally favored it. Ryan Nilsestuen, spokesperson for Assembly Majority Leader Tom Nelson, D-Kaukauna, thought such efforts could just be attempts to nullify a controversial bill.

“This was passed by a dually elected body, the U.S. Congress, and now they’re resorting to the courts to try and change laws,” Nilsestuen said.

Also against pursuing further action was Senate President Fred Risser, D-Madison, calling it “a foolish request.”

“It’s a waste of taxpayer money, there’s no chance of it passing and there’s a lot more important things to do,” Risser said.

Dean Stensberg, executive assistant in the Wisconsin Department of Justice, defended Van Hollen’s request, and said Van Hollen was trying to address concerns about the bill by leaving the decision up to elected officials. Van Hollen, he said, believes it is important for these types of resolutions to go through both the Assembly and Senate.

In the view of Jim Bender, spokesperson for Assembly Minority Leader Jeff Fitzgerald, R-Horicon, taking action on the bill is necessary because of its possible infringement on the Constitution.

“We’re looking at a situation where the federal government is forcing people to buy something, and that’s never before happened in the history of our country,” Bender said.

Even supporters of taking action against the bill conceded that in the current political landscape, where Democrats control the State Assembly, the Senate and the governor’s office, such a victory would be unlikely.

“It will be very challenging to get this through,” Kimber Liedl, spokesperson for Senate Minority Leader Scott Fitzgerald, R-Juneau, said.

However, many maintain the health care reform bill has an unpredictable future.

“We will have to see how it all shakes out. Right now, it is a vast unknown, even to those who passed it,” Downs wrote.