LAS VEGAS -- Nevada is one of 20 states suing the federal government over health care reform. Last week, Nevada's attorney joined others in a Florida courtroom for the second of two key hearings challenging the law.
At issue, whether the federal government can require Americans to obtain health insurance or pay a fine?
Attorney Mark Hutchison calls it a state's rights issue. If the federal government can mandate health insurance, what's next? Hutchison says the judge in Florida said as much last week and he expects the Reagan appointee will rule -- at least in part -- for the states and bringing Nevada one step closer to a hearing before the nation's highest court.
"It is in my opinion, the constitutional question of the day. My children and your children will live with this decision for the rest of their lives," said Hutchison who calls it his privilege to represent Nevada -- for free -- in its challenge of the nation's new health care reform law.
It's an effort that took him to Florida last week, along with attorneys for 19 other states, to argue against a provision that requires virtually every American to obtain health insurance or pay a penalty.
"If in fact this legislation is upheld as constitutional, it will be the first time in our country's history, the first time in our state's history, that the federal government can compel anybody to buy a product," he said.
Yet, if legal observers are correct, the Florida judge will void the individual mandate just as his colleague in Virginia did early last week. Without the funds generated by a new pool of healthy insurance purchasers, Hutchison argues, the dollars and cents of the healthcare overhaul don't add up.
"We have said essentially, if you find the individual mandate to be unconstitutional, you have to strike down the whole law because that is so integral and such a core part of the law that then it goes back to Congress and they need to do it again."
In a statement last week, Governor-Elect Brian Sandoval, himself a former federal judge, urged the Florida court to find the legislation exceeds constitutional boundaries. A decision that would even the score card of federal court rulings so far.
While Hutchison acknowledges the political nature of the lawsuit, he insists its outcome will impact all Nevadans, regardless of party.
"It essentially commandeers the states and requires them to become subservient to the federal government and implement a program they never bought into," Hutchison said.
According to estimates from the Nevada Department of Health and Human Services, the expansion of Medicaid under health care reform will cost Nevada $600 million in the first five years alone. Currently, Nevada spends less on health care for the poor and disabled than any other state.
Supporters of health care reform point to long term cost savings and to improved health for millions. Ultimately, it's likely the Supreme Court will decide whether the overhaul is constitutional.
