A judge has dismissed a lawsuit against Republican Attorney General Rob McKenna over his participation in the 26-state challenge to the constitutionality of the national health-care law.
The lawsuit had been filed on behalf of dozens of women by Democratic activist attorney Knoll Lowney, who argued McKenna had breached his ethical duties by saying publicly he only wanted to overturn pieces of the law – chiefly its individual insurance mandate – while signing legal briefs that asked for the whole law to be thrown out.
Lowney had asked the court to force McKenna to file amended briefs to the U.S. Supreme Court. But he didn’t file the lawsuit until last month – after the Supreme Court had already heard all the arguments in the case. Republicans called the lawsuit a political stunt, noting Lowney’s habit of suing prominent GOP candidates during election years.
King County Superior Court Judge Sharon Armstrong ruled the lawsuit’s claims “have been rendered moot” by the U.S. Supreme Court’s decision last week upholding the constitutionality of the Affordable Care Act.
Despite the defeat, the plaintiffs said in a news release they were not giving up and were considering filing a complaint against McKenna with the Washington State Bar Association.