Health care bill leagally vulnerable, AG Mims tells LG Bolling

Republicans in Virginia and beyond haven't given up the fight to block Democrats from notching a political victory on health care reform.

The latest local jab in that fight comes in the form of a legal opinion outgoing Virginia Attorney General Bill Mims (R) provided to Lt. Gov. Bill Bolling (R) stating the Senate version of health care reform legislation could face a constitutional challenge because it doesn't apply to all states evenly.

A copy of the opinion Bolling requested from Mims was released by the lieutenant governor's staff Monday.

The bill that passed the Senate last month exempts Nebraska from rising costs due to Medicaid expansion; that clause was included to ensure passage of the bill in the Senate. Nebraska was carved out as part of a deal to ease passage of the measure.

Bolling has been an outspoken opponent of the health care package he calls "misguided legislation," as has Mims -- he was one of 13 Republican Attorney Generals who recently signed a letter threatening a law suit over the Nebraska exception.

Mims' opinion further states that federally mandated health insurance may also be open to a legal challenge.

-- Julian Walker

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