The gloves already came off between Governor Gregoire and Attorney General Rob McKenna after he decided to sue the federal government over the health care bill.

On Tuesday Governor Gregoire told KIRO's Dave Ross the legislature might put a bill in the budget to prevent McKenna from using public funds to do so, "There's absolutely a conversation going on about that right now that was brought to my attention yesterday."

When asked if she would sign the budget with that provision included, Gregoire said, "Yes."

Listen to Gov. Gregoire

McKenna responded on KIRO's Dori Monson show by saying that he is not required to consult with the Governor for any case that his office pursues, but he did let her know as soon as he had a copy of the complaint.

"This is not a policy position that we are taking in this lawsuit, we're not debating the merits of what they've done as a policy matter. We're saying that parts of it are clearly unconstitutional, and one of my jobs is to uphold the Constitution."

McKenna said an effort by democratic lawmakers to prevent him from using public funds in the suit is possible, but it would be against the Washington State Constitution and the separation of powers.

"They're the legislators, I am on the executive side so if they want to try that we'll take it to the State Supreme Court."

Listen to AG McKenna

Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola after the Democratic president signed the 10-year, $938 billion bill the House passed Sunday night.

McKenna called the provision in the bill to mandate individual health insurance unprecedented, and said any such mandates should be imposed by the states, and not the federal government.

A University of Washington law professor says there's no basis for a legal challenge to the health care reform bill and believes the case won't get very far.

Professor Stewart Jay explained Congress has the authority to act and the courts have supported lawmakers in similar efforts, such as social-economic programs over the years, from farm subsidies to Social Security. "I'm very surprised the attorney general is filing the lawsuit and I think it's a waste of public money, frankly," said Jay.

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