AG: No decision on whether to sue over health reform

By David McGrath Schwartz

Friday, Jan. 8, 2010 | 2:24 p.m.

Attorney General Catherine Cortez Masto said today that it is far too early to decide whether Nevada will sue the federal government over health care reform, as Gov. Jim Gibbons promised to do Thursday night.

Masto, the state's top law enforcement official, said she would evaluate the bill when and if it's signed by the president.

"As the attorney general of the state, I have not made a decision yet because the bill is not final," Cortez Masto said.

She said she believes Gibbons is "trying to politicize this office. It's unfortunate that it is being politicized in this manner."

Gibbons' general counsel, Adriana Fralick, pointed to parts of Nevada law that say the attorney general shall commence a lawsuit when the governor decides it's necessary to "protect and secure the interest of the state."

Masto, though, said as an attorney she's obligated to make sure any lawsuit she files is not frivolous.

"It's not ripe right now," she said. "At the time there is a law, I would be willing to examine it for any constitutional flaws and do research to see if there are any grounds for any type of a lawsuit."