The Post has more.
By signing the budget, the Governor has averted a potential shut down of the Commonwealth’s government that would have happened in ten days had he chosen to veto the entire bill. He has exercised a line item veto on a variety of provisions, including the language in the budget that funds the Medicaid Innvoation and Reform Commission, calling it a “sham” that is holding up Medicaid expansion.
This raises the question over whether this is a permissible use of the Governor’s line-item veto power, and whether he would have been required under the law to veto the entire Medicaid section of the budget in order to defund this specific program. Based on the limited info we have now, it looks like this issue will end up in the courts.
Once Bearing Drift has had an opportunity to review the actual veto message and compare it to the budget, we’ll have additional analysis.
One thing is certain – the Medicaid expansion fight isn’t over. But the Governor’s largest piece of leverage – holding up Virginia’s budget – is gone.
UPDATE:
Here’s the response from the House Republican leadership:
“RICHMOND, VA – Virginia House of Delegates Speaker William J. Howell (R-Stafford), Majority Leader Kirk Cox (R-Colonial Heights), Chairman Tim Hugo (R-Fairfax), Majority Whip Jackson Miller (R-Manassas), Deputy Majority Leader Todd Gilbert (R-Shenandoah) and House Appropriations Committee Chairman S. Chris Jones (R-Suffolk) issued the following statement Friday:
“As soon as we receive them, the House will review all of Governor McAuliffe’s vetoes on the budget bill passed by the General Assembly last week. The Constitution and Supreme Court proscribe specific limits on the Governor’s line-item veto authority. We will review these vetoes to determine if they fall within the narrow scope of that authority, and once that review is complete the House will act accordingly.
“The Governor has no authority to expand Medicaid unilaterally or without the specific approval of the General Assembly. The Governor’s attempt to usurp the constitutionally proscribed powers of the legislative branch is a dangerous threat to the rule of law, separation of powers, and foundation of representative democracy that we simply cannot allow. We are prepared to challenge this blatant executive overreach through all available avenues, including the court system.
“Some of the other vetoes appear to be petty and politically motivated. The continuity and operation of our judicial system is of paramount importance, and should not be subject to political gamesmanship. Governor McAuliffe signed the bipartisan ethics bill; his decision to veto this funding is counterproductive and unnecessary. The House of Delegates will act accordingly when it convenes on Monday.”
