No Health Care Bill Lawsuit Filed, For Now

By BENJAMIN SPILLMAN
LAS VEGAS REVIEW-JOURNAL

If Gov. Jim Gibbons is going to file suit to stop U.S. Sen. Harry Reid’s health reform bill, it will require help from Attorney General Catherine Cortez Masto. And Masto says it is way too early to know whether she would file such a lawsuit.

Today, Masto said Gibbons doesn’t have the authority to file a lawsuit without her help and that it is premature to even consider such a move because the health bill hasn’t become law.

“No legal action can be taken right now because we don’t have a final law,” Masto said.
If the bill becomes law and Gibbons thinks it doesn’t comport with the constitution, Masto said she would look into the matter.

“I would be willing to examine closely for any constitutional flaws where there is some sort of negative impact for the state of Nevada,” she said.

But Masto, not Gibbons, would determine if there was merit to such a lawsuit, she said.
“I’m the legal adviser. If we feel there is no ground to move forward, we are going to tell them that and we won’t move forward,” Masto said.

Masto cites Nevada Revised Statute 228.110 that states, “The Attorney General and his duly appointed deputies shall be the legal advisers on all state matters arising in the Executive Department of the State Government.”

http://www.lvrj.com/news/breaking_news/AG-says-no-health-care-bill-without-her-OK-81049152.html