Perdue Vetoes Healthcare Opt-Out

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Perdue Vetoes Healthcare Opt-Out

Special Report - March 7, 2011
On Saturday, Governor Bev Perdue issued her second veto of the legislative session, rejecting HB 2—Protect Health Care Freedom, which sought to limit the impact of the recently passed federal healthcare legislation. Should it have been allowed to become law, HB 2 would have blocked the enforcement of the legislation’s controversial “individual mandate” provision, which requires every American citizen to purchase health insurance by 2014 or face financial penalty. The bill would have also required the state Attorney General to join 28 other states in filing a lawsuit against the legislation.

Although Governor Perdue had previously stated that she would not veto the bill but instead allow it to become law without her signature, a recent memo from the Attorney General’s Office criticizing HB 2 reportedly made the Governor reevaluate her stance. Along with a summary of legal objections, Attorney General Roy Cooper wrote, “state legislatures cannot pick and choose which federal laws the state will obey.”

In a press release, the Governor called HB 2 “an ill-conceived piece of legislation that's not good for the people of North Carolina” and directly cited the counsel she received from the Attorney General and the state Solicitor General as a factor in her decision to veto the measure.

Limiting the federal healthcare legislation was major campaign issue and a key legislative priority for the new Republican leadership. Although Republicans do have majorities are in both chambers of the legislature, they are four votes short of a veto-proof vote in the House. HB 2 passed on largely partisan lines in both chambers, so it remains unclear whether the legislature will be able to overcome the Governor’s veto.

Related resources:
Healthcare Opt-Out Heads to Governor - February 23, 2011
Healthcare, Charters, and Tests - February 18, 2011
This Week at the GA - February 11, 2011
House Opts Out Healthcare Law - February 3, 2011
Healthcare Law Ruled Unconstitutional - February 1, 2011
House Committee Passes Health Care Bill - January 28, 2011
House Votes To Repeal Healthcare Reform - January 20, 2011
House Passes Senate Healthcare Bill - March 22, 2010
Health Summit Yields Stalemate - March 1, 2010
Marriage Penalty in Healthcare Reform - January 14, 2010
Senate Votes to Cut Off Healthcare Debate - December 21, 2009
Senate Fails to Prohibit Abortion Funding - December 11, 2009
Pivotal Abortion Amendment in Senate - December 8, 2009
US Senate Debates Healthcare - November 20, 2009
Health Bill Passes with No Abortion - November 10, 2009
Healthcare Debate over Abortion - October 26, 2009