Minnesota Attorney General Lori Swanson, a Democrat, said Wednesday that her office hadn't made a decision about whether to sue over the new health care law.

"That's a matter under review and advisement and that's where it stands and there is nothing further to report at this point," Swanson said.

Gov. Tim Pawlenty, a Republican who is eyeing a presidential run in 2012, asked her to join other states in suing last week.

Swanson said she doesn't have a deadline by which she'll decide but she anticipates letting people know once she has.

"We're not setting an artificial deadline on that. We have it under review. When we're ready with something to let you know we'll let you know," she said.

Pawlenty seems just fine with waiting and went out of his way on Fox News Tuesday night not to criticize Swanson.

"To her credit she's on the other side of the aisle so it puts her probably in a more awkward spot than it would be a conservative or than someone on our side of the perspective. But on the other hand, she's taking her time, she didn't say no out of the gate so I hope and trust that she's giving it a fair shake and I believe that she is," Pawlenty said on Fox News' Greta Van Susteren. "We would very much like her to do it...Now the ball's in her court and for her I'm sure its a legal decision."

Question: Were Democrat Attorney General Mike Hatch still attorney general, do you think Pawlenty would have been so gentle in his words?