Gibbons Orders Nevada AG To Sue Over Health Care Legislation

Governor Jim Gibbons recently directed Nevada Attorney General Catherine Cortez Masto to file suit against the federal government to block the recently passed health care legislation, joining some 14 other states that have already done so. Masto, however, has refused thus far, citing the high cost to the cash-poor state government and the fact that Nevada would reap the results of any rulings from those other suits.

"Nevada can ride for free at this time by allowing other state to foot the bill. There is no practical reason for Nevada to join in the litigation absent a clear and separate legal interest that Nevada has apart from those states," said Masto in a letter to Gibbons. Masto's reasoning is that the feds have the authority to enforce the legislation despite states' objections, making such a suit expensive and futile. She also said the whole thing smacks of partisan politics - 13 of the 14 suits have been filed by Republican attorneys general.

Gibbons accuses Masto of refusing to fight for the rights of Nevada citizens. He might have a point in that state law requires the attorney general to file suit when directed by the governor. The law also prohibits the governor from hiring any other lawyer to represent the state. Gibbons may be able to bypass Masto by accepting free services from an attorney to represent the state, but that issue has yet to be resolved. What do you think? Should AG Masto sue on behalf of Nevada to block the federal legislation? Is Gibbons right in ordering her to do so?

Update: Gov. Gibbons has issued an executive order directing Nevada to join the chorus of state lawsuits challenging the recently passed federal health care legislation. He says the bill is unconstitutional and will raise federal and state taxes, and is necessary to protect Nevada citizens. Gibbons said the action will cost less than $5000 and Nevada will be represented by Las Vegas attorney Mark Hutchison, who will not be paid. Attorney General Catherine Cortez Masto countered by saying that Gibbons does not have the constitutional authority to issue such an order, "...the attorney general is the legal advisor on all state matters arising in the executive branch of the state. The responsibility to commence litigation on behalf of our state is not the governor's to exercise unilaterally, and it makes not difference whether the legal representation is free or not." The plot thickens.

Source: Reno Gazette-Journal.

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