As one battle draws to a close in Washington, D.C., another series of battles is brewing in states across the country where officials oppose provisions of the landmark health care bill. Nevada is one of the states where leaders are considering lawsuits against the federal government.
Nevada Gov. Jim Gibbons is renewing his call for the attorney general to challenge the constitutionality of President Barack Obama’s health care legislation passed by Congress.
Gibbons spokesman Daniel Burns says the Republican governor believes it’s unconstitutional for the federal government to require citizens to buy health insurance.
Burns says if Democratic Attorney General Catherine Cortez Masto declines to challenge the law, the administration will consider its own action.
“We’re exploring… joining with 30-plus other states in filing a suit to challenge the health care bill,” said Lynn Hettrick, deputy chief of staff for Gov.
Gibbons. Specifically, the governor believes some provisions– like requiring people to purchase health insurance and imposing unfunded mandates on states– are unconsitutional.
But while Nevada Attorney General Catherine Cortez-Masto is urging restraint in launching any lawsuits before the legislation becomes law with the president’s signature, Hettrick says the governor is anxious to get started.
“Our direction is, we have to be telling them right now that we’re going to fight this thing instead of sitting back and saying it’s all okay until someone signs it,” Hettrick said. “It’s a lot easier to stop something before it’s a law than to go back and try to get it changed.”
In a statement released late Monday, Cortez-Masto’s office is insisting that it’s better to wait until the law is signed.
“… I will conduct a thorough legal analysis for any potential constitutional flaws when this legislation becomes law,” the statement said. “It is one thing to simply say, “let’s sue”; it is another thing to have a legal basis to support such litigation. I need to ensure that our state acts responsibly and I cannot make irresponsible statements without first having made a thoughtful and thorough legal review of the new law.”
Republican attorneys general in at least 10 states said Monday they have agreed to file a lawsuit challenging the health care overhaul as soon the president signs the bill, which could come as
early as Tuesday.