By Rachel E. Stassen-Berger and Emily Johns

Minnesota Gov. Tim Pawlenty is unconvinced by the state's top lawyer's opinion on the new health care law.

Although Attorney General Lori Swanson rebuffed his request that she sue over the law saying "based on my legal analysis...a lawsuit by the State of Minnesota against the United States of America is not warranted," Pawlenty said he would sue on his own.

In a letter Monday, Swanson said she would leave it to Pawlenty's discretion whether to file his own brief opposing the law "in your individual capacity as governor."

On Tuesday, Pawlenty said he would take Swanson up on her suggestion.

“We’ll do that,” although he doesn’t know if it will be on his own suit, or supporting another lawsuit, he said after an education related event. Pawlenty, who was an attorney before he became governor, will file legal papers, on the " basis that the federal government now requires citizens to buy health insurance.”

The Republican governor was gentle in his comments about the Democratic attorney general.

"I wish she would have sued,” he said, but he added, he appreciates "the approval she gave to me to sue in my capacity as governor.”

Swanson was similarly gentle in her Monday letter to the governor.

"I appreciate the respect you have shown for the role of this office," Swanson wrote.