Medicaid Expansion & Transportation Taxes Ruled Unconstitutional!

Dear Friends, We've had a great victory for taxpayers! I have two press releases below. Please spread the word to your fellow citizens, friends and co-workers.

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Press Releases #1

FOR IMMEDIATE RELEASE

Contact: Delegate Bob Marshall, 703-853-4213

*Attorney General Rules Use of "Medicaid Innovation & Reform Commission" to Expand Medicaid Unconstitutional!*

Manassas, VA - Delegate Robert G. "Bob" Marshall (R-13) received the attached opinion in response to his request for an opinion with regard to the constitutionality of the General Assembly's designation of a "Medicaid Innovation & Reform Commission" to allow for the expansion of Medicaid when the Commission determined that a number of proposed Medicaid reforms had been satisfactorily fulfilled. Delegate Marshall questioned whether the General Assembly could delegate this authority to a smaller group of mainly legislators.

Attorney General Ken Cuccinelli determined in his opinion today that the General Assembly does not have the authority to delegate its legislative authority to a smaller committee.

"I am pleased with this opinion and hope that the Governor will act appropriately to remove this unconstitutional piece of maneuvering from the budget before it comes back to the General Assembly," said Marshall. "Medicaid needs serious reform before we can even begin to consider expansion and the decision about when those reforms are sufficient can and should only be determined by the General Assembly as a whole."

"I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign. I congratulate him for standing up for the Constitution and the people of Virginia."

Read the Official Opinion Here.

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Press Release # 2

FOR IMMEDIATE RELEASE

Contact: Delegate Bob Marshall 703-853-4213

*Attorney General Rules Additional/Higher Transportation Taxes Unconstitutional!*

Manassas, VA - Delegate Robert G. "Bob" Marshall (R-13) received an opinion from Attorney General Ken Cuccinelli in response to his request for an opinion with regard to the constitutionality of the additional and higher taxes imposed on Northern Virginia and Tidewater as part of HB 2313 which is awaiting Governor Bob McDonnell's signature. Delegate Marshall questioned whether the "special" taxes were in violation of the uniformity laws in Title X of the Constitution, whether they violated the prohibition to enact local law in Title IV and if not would the requirements of Title VII apply that require local legislation to receive a 2/3 vote of the General Assembly.

It is the Attorney General's opinion that Title X does not apply because none of the taxes are directly taxes on property but that Title IV *DOES* apply because the laws single out portions of the Commonwealth without regard to similarities and differences between these areas and others around the state but base the implementation of these additional taxes purely on geography. This means that the portions of HB 2313 adding additional and higher taxes are unconstitutional.

"I am thrilled with the Attorney General's opinion with regard to the unconstitutional taxes in HB 2313," said Marshall. "Isolating Northern Virginia and Tidewater residents to place an additional tax burden on those citizens who already pay more to Richmond in taxes than they get back is unconscionable. Without the higher and additional regional taxes HB 2313 cannot be a functional solution to Virginia's transportation problems. I hope that the Governor will seriously consider vetoing this legislation or finding a way to start from scratch to find an equitable way to pay for transportation without raising taxes."

"I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign. I congratulate him for standing up for the Constitution and the people of Virginia."

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