Archives - Dave Sagarin points out how McAuliffe may Veto his way to Medicaid expansion
June 2014
Letters to the Editor: Dave Sagarin points out how McAuliffe may Veto his way to Medicaid expansion
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George,

Like Alexander of Macedon cutting the Gordian knot, Governor McAuliffe has ended the budget impasse by indicating he will sign the budget while vetoing stuff in it that he doesn't like. This will facilitate the expansion of Medicaid under the Affordable Care Act, thus providing healthcare coverage for some 400,000 mostly working poor in Virginia who are presently not covered.

While Republicans, in the legislature and out, will bluster about this, let us remind them that 17 years ago, former deputy AG and conservative legal theorist Bernie McNamee wrote the following to support Gov. Allen's use of the veto:

During his term, Governor George Allen of Virginia vetoed 84 pieces of legislation. None of these vetoes were overridden. He exercised 15 item vetoes on the Commonwealth's appropriation bills and none of these vetoes were effectively overridden by the legislature. ...

There is a presumption that the acts of the General Assembly are rational and for the good of the Commonwealth. Without this presumption, the rule of law would be undermined. There are times, however, when the General Assembly may [thinking it popular] choose a path that is contrary to the common good. ...

Placing the power to veto in the hands of the Governor provides an opportunity to stop such narrow or unwise legislation. -- Regent University Law Review, Fall, 1997

The saddest part of this is that the present implacable opposition is entirely unnecessary. The Patient Protection and Affordable Care Act is a cumbersome set of laws, regulations and mechanisms cobbled together over a period of months, with Democratic and Republican input. It is a free-market solution, based on the (fairly successful) Masschusetts plan, which in turn took its principles from Heritage Foundation work in the '90s which arose from opposition to the model legislation cobbled together under the direction of Mrs. Clinton.

That is, it is a Republican creature. They could have taken credit for it, congratulated President Obama for having seen the light, and moved on. Instead, as part of a plan to deny Obama any success, they opposed it, in a series of lies, mischaracterizations and whoops of derision at any ad-hominem flaw. Mrs. Palin, a spokesperson for the worst of this, invented the phrase "Death Panels," which had nothing to do with any provision of the law, but still echoes for the dim and fearful.

Now the Republicans of the Virginia Legislature continue this opposition out of fear of the political wrath of the ignorant and mean-spirited folk they have inflamed.

While McAuliffe, in seeking Medicaid expansion, is clearly acting for the common good.

Dave Sagarin (June 20, 2014)


Comments? Questions? Write me at george@loper.org.