This is basic Constitutional law 101...


"South Carolina's attorney general is leading nine other state AGs -- all Republicans -- in threatening to sue over the provision of the health care bill that exempts Nebraska from new Medicaid costs, a measure secured by Sen. Ben Nelson (D-NE).

The 'review' was prompted by a letter sent Monday by Sens. Lindsey Graham and Jim DeMint to Attorney General Henry McMaster, who is currently running for governor. 'We have serious concerns about the constitutionality of this Nebraska compromise as it results in special treatment for only one state in the nation at the expense of the other 49', they wrote.

In an interview with McClatchy, DeMint said the Nebraska provision, which would save the state $100 million, violates Article 1, Section 9 of the Constitution: 'No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another ...' "