Legal Opinion: Schwarzenegger’s Vetoes of Health Funds Are Illegal

Gov. Arnold Schwarzenegger (R) might have acted illegally when he used line-item vetoes to cut funding from state health care services and other programs, according to a legal opinion obtained by Assembly member John Pérez (D-Los Angeles), Capitol Weekly reports (Capitol Weekly, 7/30).

When the governor signed a budget revision package Tuesday, he used line-item vetoes to eliminate $489 million in funding for state programs, including more than $150 million in cuts to health care programs.

The line-item vetoes came on top of about $1.6 billion in cuts to health care programs that the Legislature approved (California Healthline, 7/30).

Legislators Gear Up for Legal Challenge

Schwarzenegger claims he had the right to exercise line-item vetoes to cut additional funding from the budget revision package.

However, Democratic lawmakers contend that the governor's cuts to Healthy Families, Medi-Cal, In-Home Supportive Services and other programs are against the law. They note that certain other cuts might be legal.

This week, Pérez sent an e-mail urging other Assembly members to inform their constituents that Schwarzenegger acted illegally with the line-item vetoes.

Pérez also sent a copy of the legal opinion, which states that the vetoes "appear to have exceeded the governor's authority under Article IV, Section 10 of the California Constitution."

In the opinion, Pérez's attorney Stephen Kaufman argues that the line-item vetoes were an "unconstitutional legislative act" because the governor used the vetoes to amend prior enacted legislation (Capitol Weekly, 7/30).