April 6, 2010 7:28 PM EDT
Nevada on Tuesday became the 15th U.S. state to declare it will mount a legal challenge against the recently passed health care reform law.
Governor Jim Gibbons on Tuesday appointed private attorney Mark Hutchison from the Las Vegas law firm of Hutchison & Steffen as Special Legal Counsel to the Governor. He is bypassing his state's Attorney General who has said her office won't sue.
"This health care nationalization plan is illegal because it is unconstitutional," Gibbons said in a released statement. "The arrogance of this Administration to force all Nevadans to purchase something (health insurance from private companies) or face IRS penalties is outrageous and wrong."
The state is joining a Florida-led group of states suing the government. The lawyers working on the matter will not charge for their services, but Gibbons said there would be "small costs" of $5,000 associated with the litigation.
Gibbons estimates that the new health law will eventually add $600 million in new state expenses for Nevada taxpayers. Gibbons has previously said increasing costs in Federal programs as a result of the law would force the state to cut some services.
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Gibbons' office said late last month the governor was considering taking action after the state's Attorney General Catherine Cortez Masto rebuffed requests.
"I was disappointed that the Attorney General of Nevada refused to fight for the constitutional rights of Nevada citizens," Gibbons said, "But I refuse to surrender on this issue, we must not allow the federal government to intrude into the lives of Nevadans this way."
Attorneys General filing a suit jointly come from Florida, South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. A separate suit has been filed by Virginia.
In a letter addressed to the governor, Cortez Masto said the U.S. constitution gave the federal government the power to pass such a law.
President Barack Obama and White House officials have previously stated that they believe the health law can withstand a legal challenge.
Obama signed the health care reform bill into law late last month after a tight vote in Congress. Opposition to the bill was split mostly among party lines, with no Republicans favoring the bill in the House of Representatives.
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