McAuliffe explores whether he can expand Medicaid coverage without legislature’s okay (Virginia)

The Washington Post's Virginia Politics ^ | May 1, 2014 | Laura Vozzella

[2ndDivisionVet]

RICHMOND — Virginia Gov. Terry McAuliffe is considering expanding health coverage for the poor without the approval of the state legislature, a move that would muscle his top priority past Republican opponents but also throw his young administration into a partisan firestorm and uncertain legal territory.

McAuliffe and his top advisers have consulted lawyers, health-care experts and legislators on how to bypass the GOP-dominated House of Delegates, according to three people familiar with the discussions. A fourth, who like the others spoke on the condition of anonymity because they were not authorized to reveal private strategy, said the office of Attorney General Mark R. Herring (D) has been researching the matter.

The move would allow Virginia to take advantage of a key state option under the Affordable Care Act, and it could help break a budget stalemate and avert a looming government shutdown. But it would be a daring action; only two other governors have done anything similar to bulldoze Medicaid expansion past opponents.

If McAuliffe follows through, he would raise far-reaching constitutional questions about the chief executive’s power and the rule of law — issues cropping up with increasing frequency in the states and in Washington, as governors and President Obama seek to push past adversarial legislatures and Congress....

[2ndDivisionVet]

Rules and laws? How old fashioned.

[Olog-hai]

The regional governors now have direct control over their territories. …

If the VA legislature rolls over for Terry McTarkin, they will pay for it dearly.

[fortheDeclaration]

All Democrats are tyrants at heart.

[Lmo56]

"... the state constitution requires the legislature to approve all appropriations — even pass-through funding from Washington, which has promised to foot the full bill for Medicaid expansion for the first three years ..."

This is Con Law 101 - if the federal courts don't strike down McAuliffe's unilateral order [assuming he uses it], the Republic is doomed.

The VA State Constitution requires that the legislature approve all appropriations - Terry can't do it on his own ...

[poobear]

What the hell 2DV? They want the poor’s paid for property too? Is this the ticket?

[HiTech RedNeck]

Calvinball, baby.

[2ndDivisionVet]

There will soon be no private property.

[pepsionice]

I believe Terry McAuliffe could just say Medicaid is totally open, and pretend there’s no cost relative to the governor’s executive order. Doctors would bill the state mechanism, and within three years as the state program finally uses up the last of federal funding.....bleed the normally budgeted Medicaid program to nothing. The state legislature would then meet and fail to provide additional funds (I would assume), and the entire program would border on default. McAuliffe would accuse them of playing politics and allowing the whole program to fall apart.

What I would anticipate is that McAuliffe intends to be a one-term governor and move on in 2016 (VP or cabinet post, as he thinks Hillary will win or some other Democrat). It won’t be McAuliffe’s issue to solve when the Medicaid program fails in the state. A lousy method of executive action but then he’s never been responsible for something.

[fieldmarshaldj]

He can only serve the one term, as VA Governors can’t run for a second consecutive term (but a non-consecutive one, he’d have to wait until 2021).

[Gene Eric]

Yeah, Cooch wasn’t a good choice for VA... /s

[Hugin]

Can the legislature impeach him?

[wastoute]

Sure, he can. Why would you wanna be governor if you couldn’t do whatever you wanted? Sheesh! /s

[wastoute]

How many millions has he made and yet to sell even one golf cart?

[newnhdad]

Just like in 2012. this is what happens when people stay home on election day.

[txrefugee]

So the next conservative governor of VA could decree the end of ObamaCare in the state. Conservatives need to get with this new style of governing by executive order. The courts don’t stop it for Democrats, and that sets precedence.

[poobear]

You Sir are most likely correct. You and I are outrunning the bastards but I fear for my daughter...

[lakecumberlandvet]

If McAuliffe is seeking affirmation he should talk to KY’s governor, Beshear. Beshear established 0bamacare exchanges without input or approval from the legislature. 0bama has set the example for his fellow democrats on getting things done by executive fiat.

[VeniVidiVici]

McAuliffe has made expanding Medicaid under the Affordable Care Act his top priority, and he came into office upbeat about his ability to sell wary House Republicans on opening the program to 400,000 low-income Virginians. Nearly four months into his term, the House has not budged. The stalemate has blocked passage of a state budget and threatens to shut down the government if it is not resolved by July 1.

Funny how the media doesn't even bother to report anymore that McAuliffe promised NOT to do this before the election.

[hal ogen]

The DIM fascists feel they are unstoppable. The game isn’t over.

[Truth29]

If McAullife wants to play lawless despot, then he should be treated as a criminal and arrested by the authorities if they dare and by the citizenry if they don’t.