Gibbons: Nevada will sue if health care bill becomes law

By David McGrath Schwartz

Published Thursday, Jan. 7, 2010 | 6:17 p.m.

Updated Thursday, Jan. 7, 2010 | 6:40 p.m.

Gov. Jim Gibbons continued to attack Senate Majority Leader Harry Reid and the health care reform being debated in Congress, promising to sue the federal government if the health care legislation becomes law.

“Senator Reid is treating the citizens of Nevada and other states unfairly,” Gibbons said in a press release this evening . “His health care bill is not only ill-conceived, but I believe it is illegal.”

The press release said, “the United States Constitution makes numerous references to states having ‘equal standing,’ also duties, imposts and excises are to be ‘uniform throughout the United States.’”

It’s unclear whether Gibbons has the authority by himself to file a lawsuit. Most legal matters involving the state are the purview of the state attorney general, Catherine Cortez Masto, a Democrat.

Robin Reedy, Gibbons’ chief of staff, acknowledged that the attorney general is the law firm for the state “and has discretion as to what they will pursue.” But, she said, “the Office of the Governor has legal counsel in house... If there are no contracts and expenses were kept within our budget there would be no need for any other approval.”

She also said, “It is my understanding that anyone can sue anyone for anything.”

The governor’s legal staff consists of his general counsel, Adriana Fralick, who was previously counsel to the state Ethics Commission.

Jon Summers, spokesman for Reid, called this: “Another attempt by the governor to distract from his failed leadership. This bill is good for Nevada because it lowers insurance premiums for consumers, provides access (to health care) to 518,000 Nevadans, and makes it more affordable for small businesses to provide coverage to their employees.”

Gibbons has been particularly critical of the deal Reid cut with Nebraska Senator Ben Nelson to get his support for the bill. The bill guarantees that Nebraska’s portion of costs of expanding Medicaid will be paid for by the federal government for an indefinite period.

Nevada government administrators have estimated that the reform bill would cost the state $613 million over six years, after the federal government’s 100 percent subsidy for the first three years expires.

The health care reform that Reid has spearheaded is currently being reconciled between the House and Senate.

Gibbons had previously asked Cortez Masto to look at the constitutionality of the bill. She responded that the bill is not yet finalized, and that the governor’s staff has not provide a list of concerns about the bill.

Gibbons, who faces a competitive primary in June and trails in the polls, has been using strong language to attack Reid’s health care in state-issued press releases.