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Cuccinelli opinion could jeopardize deals on Medicaid, roads

Attorney General Ken Cuccinelli has issued an opinion challenging the constitutionality of a proposed legislative commission that would oversee the process of Medicaid expansion, a development that could scuttle chances to finalize a revised state budget and pass a state transportation funding package.

In an opinion issued late  Friday, the conservative attorney general wrote: “It is my opinion that the General Assembly may not delegate legislative authority regarding budget or other matters to a committee composed of a subset of members of the General Assembly.”

The opinion was requested by Republican Del. Ben Cline of Rockbridge County, who had criticized a proposal to have a 10-member legislative commission oversee a conditional expansion of the Medicaid program under the federal health care reform law. House and Senate negotiators agreed to the structure on Friday. Democrats sought assurances that Gov. Bob McDonnell  would not thwart the deal before voting a compromise transportation funding bill that the House of Delegates passed on Friday.

It was unclear this morning whether Cuccinelli’s opinion will torpedo prospects for passing a revised budget and a transportation bill today, which is supposed to be the final day of the General Assembly session.

Budget negotiators said this afternoon they have an agreement on budget language that should address Cuccinelli’s concerns.

Cline declined to comment on Cuccinelli opinion or why he requested it, saying: “The letter speaks for itself.”

McDonnell spokesman Tucker Martin said the governor’s office is reviewing the opinion and reiterated the governor’s position that transportation and Medicaid expansion are separate issues.

“Medicaid and transportation are not connected, and are two completely different policy issues. Some may want to tie the two together, the Governor will not,” Martin wrote in an email. “Yesterday, the transportation bill passed the House with strong bipartisan support. Republicans and Democrats came together to vote for better roads and a stronger economy. This is the closest we’ve been to passing a long-term transportation funding plan for Virginians in 27 years. It is time to act to improve transportation in Virginia, and this is that opportunity. We urge the Senate to vote on the transportation bill today.  This is the last day of the session, and the Governor also expects legislators to pass a budget today as well.”

– Michael Sluss

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4 COMMENTS

  1. britwit | February 23, 2013 at 11:11 am

    Cuccinelli obviously is unaware of the thousands of uninsured Virginians who visit Doctors Without Borders medical/dental clinics annually in SW Virginia. Hypocrisy and lack of compassion seem to steer his moral compass. We have extremely poor citizens in our dear Commonwealth who desperately need Medicaid expansion benefits – or, the ERs will continue to handle the onslaught and pass on their losses to all of us. The federal health care reform laws are now THE LAW! Why does this administration want hopelessness and desperation to set in for the poor before it does its job and expands Medicaid eligibility?

  2. ollie | February 23, 2013 at 1:07 pm

    This is the most obstructionist reactionary do nothing attitude out of this session yet. . if you do not want to govern get out of the way and let someone else run the show. What kind of narcisscist are you anyway? Roads and better medical care are two important topics. . I respect fiscal conservatism as much as any Old harry Byrd DEmocrat. howver the Grover norquist inspired tea party folks are just plan reactionary. Has anyone driven on I-81 in Rep Cline’s district lately. it’s full of potholes and the slow rate of construction makes me wonder \if poor funding is causing the delays.

  3. Jim Shelburne | February 23, 2013 at 2:32 pm

    I have been around a long time. I think Cuccinelli, the worst ag that this state has ever had. He would probably be better at chasing ambulances.

  4. Lexie | February 23, 2013 at 3:11 pm

    Between Cline, Rush and Habeeb, we have a regular Cuccinelli trifecta in our area. It’s obvious that what is good for the Cooch is bad for Virginia. Come on Bill Bolling!

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The Blue Ridge Caucus is written by Roanoke Times newsroom staffers including Dave Ress, Chase Purdy and Dwayne Yancey. The blog covers all things politics, especially west of Virginia’s capitol, with historical perspective on issue and positions, and money and campaign finance.

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