This is Con Law 101 - if the federal courts don't strike down McAuliffe's unilateral order [assuming he uses it], the Republic is doomed.
The VA State Constitution requires that the legislature approve all appropriations - Terry can't do it on his own ...
Calvinball, baby.
I believe Terry McAuliffe could just say Medicaid is totally open, and pretend there’s no cost relative to the governor’s executive order. Doctors would bill the state mechanism, and within three years as the state program finally uses up the last of federal funding.....bleed the normally budgeted Medicaid program to nothing. The state legislature would then meet and fail to provide additional funds (I would assume), and the entire program would border on default. McAuliffe would accuse them of playing politics and allowing the whole program to fall apart.
What I would anticipate is that McAuliffe intends to be a one-term governor and move on in 2016 (VP or cabinet post, as he thinks Hillary will win or some other Democrat). It won’t be McAuliffe’s issue to solve when the Medicaid program fails in the state. A lousy method of executive action but then he’s never been responsible for something.
Can the legislature impeach him?