The Senate made history by passing legislation that would overhaul the nation’s health insurance system. Though the bill still has to be merged with the one the House passed in November before it can be signed into law by President Obama, this current crop of legislators has come farther than any other in working to make sure Americans have needed healthcare coverage. The legislation, however, may not see the light of day if some state’s attorneys have their way.  

Attorneys General from 10 states are working to challenge the constitutionality of the bill’s requirement that every individual buy health insurance. They are also looking to use the fact that some senators, in exchange for their vote, received benefits for their state to form the basis of their legal challenge. For example, Democratic Sen. Ben Nelson of Nebraska was a holdout and didn’t decide to vote for the bill’s passage until he ensured his state would get 100 million in benefits to under the new law. Such benefits would not go to any of the other states.

If passed, the government would require, for the first time, that every American carry some type of health insurance; support would be provided to help those who cannot afford to pay for insurance on their own. Employers would be encourage to provide insurance for employees via tax credits and the insurance industry would not be allowed to deny benefits or charge higher premiums for those with pre-existing conditions such as diabetes.

Passing such monumental legislation – estimated to cost nearly $1 trillion over 10 years – has been no easy tax. Previous administrations have attempted similar fetes but their efforts were bogged down in political red tape. Concessions had to be made along the way and lawmakers from every state worked to ensure the interests of their constituents were at least partially reflected in the bill.

This bill is far from perfect but is a much needed step in the right direction. If this goes to the Supreme Court for decision – and it may if the suits are found to have merit – all of this work could be for naught. The current court is dominated by conservative republicans who share the views of those politicians who refused to support this healthcare bill.  

The Attorneys General who wish to stop the passage of the bill should think about the elderly woman who, because of the high cost of medication, cannot afford insulin to manage her diabetes or of the young boy who died from a tooth infection because his parents didn’t have medical care and couldn’t take him to the doctor. These are the types of stories that fuel the desire to begin the real task of reforming America’s healthcare system.

(Judge Greg Mathis is national vice president of Rainbow PUSH and a national board member of the Southern Christian Leadership Conference.)