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The burst of litigation has the framers of the law and the Obama administration playing defense. Many scholars, such as Charles Fried of Harvard Law School, argue that the law is on firm legal footing. But there is no quick resolution in sight, and it may take a year or two, and a trip to the U.S. Supreme Court, for all the lawsuits to get sorted out. Still, that might be a quicker route to upending the law, or parts of it, than a threatened GOP repeal effort in Congress. Even if Republicans pick up more seats in November, they’ll have a tough time getting major changes past President Obama.Under the health care law enacted in March, more than 32 million additional Americans are expected to get insurance, either through an extension of Medicaid, the state-federal program for the poor, or through exchanges where low- and moderate-income individuals and families can buy private insurance with federal subsidies.The law’s ambitious sweep has made it a target for those who see it as an unjustified expansion of government. Plaintiffs challenging the law include a variety of religious groups, the nation’s largest small-business trade association, and a who’s who of conservative legal activism.

The hearing was set after the Democratic city attorney for Seattle, Pete Holmes, complained that state law prohibits McKenna from representing Washington in court without the support of the governor. Washington’s Democratic governor, Chris Gregoire, opposes the lawsuit. McKenna, considered a frontrunner for the governor’s race in 2012, says the law is on his side.In Iowa, Republican Brenna Findley is looking to unseat Democrat Tom Miller as attorney general, in part by vowing to join the Florida lawsuit if elected. This week, Findley is hosting Virginia Attorney General Ken Cuccinelli at several campaign events. “Ken has led the way in fighting the federal takeover of America’s health care system,” Findley says in a message to supporters on her campaign’s Facebook page. “Don’t miss this opportunity to speak to Brenna and Ken about this important issue!!”Miller, a seven-term incumbent, says the case is weak and that joining the lawsuit would be a waste of resources. “Above all else, an attorney general has to follow the law and do things that are consistent with the law,” he says. “You don’t go ahead and file a lawsuit because you disagree with the policy.”Even conservatives acknowledge that Congress has broad powers under the Constitution. But they say the authority kicks in only when there is already some ongoing activity to regulate.“The Supreme Court has never said Congress has the power to make you engage in economic activity,” such as buying insurance, says Randy Barnett, a professor of constitutional law at Georgetown University Law Center in Washington.

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