• With: Sean Parnell

    This is a rush transcript from "Your World," February 18, 2011. This copy may not be in its final form and may be updated.

    CHRIS COTTER, GUEST HOST: The union fight in Wisconsin not the only one going on right now. The battle between states and the White House over the health care law is heating up, as we just spoke about -- the Obama administration now asking a federal judge to force states refusing to implement it to get on board.

    My next guest refusing to do just that. Republican Alaskan Governor Sean Parnell joins me right now on the phone.

    Governor Parnell, welcome to the show.

    GOV. SEAN PARNELL, R-ALASKA: Oh, thanks so much, Chris. It's great to be with you.

    COTTER: Why are you the -- you're the first and only state, at least to this point, to refuse this federal money. Why does that make sense for you?

    PARNELL: Well, listen, these other states accepted the federal money for the health insurance exchanges before the Florida court ruling came down.

    And the question really is, are we going to acknowledge that our courts are the arbiters of the Constitution or not? And, in this case, Alaska, along with 25 other states, asked the Florida court for a decision.  We got that decision, that it's unconstitutional.

    The judge himself said that his decision is the functional equivalent of an injunction. I think I've got to abide by the law. And the law of the land as it applies to my state right now is it's unconstitutional and we cannot implement.

    COTTER: Why wouldn't that -- now, you're an attorney. Why wouldn't that Florida judge file an injunction, instead of a functional equivalent of an injunction? Because that is what -- without getting into too much legalese here, that's what the counterargument is, is that there is no official injunction. Therefore, it is still the law; Obamacare is still the law.

    PARNELL: Well, I would say, read page 75 of his decision, because that's where he said it's the functional equivalent. He said there is no reason to conclude that anything else is necessary, because the courts presume that the federal government will adhere to the law as declared by the court. So he says the award of declaratory relief is adequate. I don't need to grant an injunction, he says, because what I've said here is clear enough. It's page 75 of his decision.

    COTTER: The federal money that you refused would have been used to set up exchanges in you states. And that is to help allow kids to stay on their parents' plan until they're 26. The preexisting conditions are part of that as well.

    Will you set up your own exchanges within the state of Alaska using your own money?

    PARNELL: We -- yes, that's -- we're still evaluating how to do that without the onerous requirements that the federal government has placed in the Affordable Care Act, as they call it.

    So the answer is we're evaluating what -- what is next in creating our own exchange, our own Internet portal for Alaskans to access insurance options. But it's going to be citizen-driven, market-based. We're not going to implement what it is at this point an unlawful law.

    COTTER: Governor Parnell, I do have to ask you about your counterpart, Governor Walker, in Madison right now and what he's going there. What is your thought about what's taking place in Wisconsin?

    PARNELL: Actually, no, all I have seen is what is on the news at this point. But I just -- just want him and all the people of Wisconsin to know our prayers are with him, and we look forward to a successful outcome there.

    COTTER: We appreciate your time, Governor Parnell. Thank you so much.

    PARNELL: Thank you. Bye-bye.

    COTTER: All right.

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