Los Angeles Times blogger Andrew Malcolm writes:

There are, as you read this, at least thirty-seven (37) states considering lawsuits over this gazillion-dollar healthcare bill, mainly over its constitutionality in requiring citizens to buy health insurance. There will be efforts to repeal the measure.

Earlier on MSNBC, a conservative guest made a similar claim. But what, exactly, does “considering” mean?

Malcolm links to an AP article that reports:

Idaho took the lead in a growing, nationwide fight against health care overhaul Wednesday when its governor became the first to sign a measure requiring the state attorney general to sue the federal government if residents are forced to buy health insurance.

Similar legislation is pending in 37 other states.

...

Last week, Virginia legislators passed a measure similar to Idaho's new law, but Otter was the first state chief executive to sign such a bill, according to the American Legislative Exchange Council, which created model legislation for Idaho and other states. The Washington, D.C.,-based nonprofit group promotes limited government.

Hmmmm. “Pending”?

Head on over to the American Legislative Exchange Council's web site and you'll find a press release declaring “Texas Is 39th State to Defend Health Care Choice; State Legislators Vow to Protect Citizens from ObamaCareLine.” That release explains just how meaningless these numbers are:

Texas now becomes the 39th state where legislators have introduced, or will introduce, legislation modeled after ALEC's Freedom of Choice in Health Care Act.

Note that there aren't 39 states in which the legislature has passed such a bill, or in which the governor and key legislative leaders are negotiating one. There aren't even 39 states in which such a bill has been introduced. No, there are 39 states in which a member of the legislature has said s/he will introduce such a bill. Of course, individual members can introduce all kinds of crazy legislation whenever they want; that doesn't constitute the state “considering” the measures -- not in any meaningful way.

So, when you hear that “at least thirty-seven states are considering lawsuits” over health care reform, here's what that means: Darn near nothing at all.