You might remember back in January when State Senator Robin Titus and the National Taxpayers Union filed a lawsuit challenging Nevada’s controversial public health insurance option. Well, they’re back at it. After a Carson District Court judge dismissed their case earlier this year, they’ve now filed an appeal to the Nevada Supreme Court.
The pair is asking the state’s highest court to review the case before this government-run insurance program launches in January 2026. And they’re making the same constitutional arguments that got shot down the first time around.
What’s Wrong with SB 420?
State Senator Robin L. Titus, MD, who has served as a family physician in rural Nevada for over 35 years, has been fighting this law since she was in the Assembly back in 2021. She voted against it then, and she’s still fighting it now.
The lawsuit makes three main constitutional arguments. First, they say SB 420 violates Article IV, Section 18(2), which requires a two-thirds majority in each legislative house to pass any bill that “creates, generates, or increases any public revenue.”
The bill generates public revenue through the program, but it only passed on party-line votes. That was 26-15 in the Assembly and 12-9 in the Senate. Not even close to two-thirds.
Second, the law gives state officials way too much power with taxpayer money. SB 420 purports to give the State Treasurer and DHHS Director nearly unlimited discretion to use unspecified amounts of funds from the state treasury for unspecified purposes. That’s a blank check written on your tax dollars.
Third, there’s a separation of powers problem. SB 420 impermissibly delegates lawmaking authority to executive branch agency directors, without providing any suitable standard to govern the manner and circumstances.
In plain English, the Legislature handed over its job to bureaucrats without any real guidelines.
Why This Judge Dismissed It Last Time
The Carson District Court judge who tossed the case earlier this year didn’t actually disagree with any of these constitutional arguments. Instead, the judge dismissed the lawsuit, saying the injury claims within the legislation were “purely speculative” as the law had not yet gone into effect.
But now Titus and the National Taxpayers Union are back with a new argument. In the new challenge filed last week, attorneys noted that the public option’s launch is “just months away” and Nevadans will begin to enroll in health insurance plans, including public option plans, on the state’s insurance marketplace beginning in November.
They’re basically saying if the court doesn’t act now, it’ll be too late.
What Critics Are Saying
Pete Sepp, president of the National Taxpayers Union, didn’t mince words about the law:
“SB 420 clashes with procedural safeguards for raising revenues, spends money outside the budget process, and violates separation-of-powers articles. Not only is it bad policy, but it’s also unconstitutional.”
Senator Titus has warned about the real-world impacts beyond the constitutional issues. She says:
“SB 420 will cause direct harm to Nevadans’ access to quality health care” and “would reduce consumer choice in the insurance market and destabilize the Medicaid program.”
The Other Side’s View
Democrats who passed this bill in 2021 claimed it would lower insurance costs for Nevadans by as much as 15 percent.
Governor Joe Lombardo, a Republican who inherited this mess, has tried to make the best of it.
“My plan to use these new federal funds to support our state’s healthcare infrastructure and workforce will help offset the instability created by the public option.”
But even Lombardo isn’t a fan. He called for the Legislature to repeal the public option in his State of the State address last year.
What Happens Next
The Nevada Supreme Court now has to decide whether to hear this case on its merits. If they agree with Titus and the National Taxpayers Union, they could stop the public option before it even starts. If not, Nevada will launch this government-run insurance program in 2026.
This isn’t just about health insurance. It’s about whether the Legislature can ignore constitutional requirements when they don’t have enough votes to do things properly.
It’s about whether bureaucrats can spend your tax money without clear direction from elected officials. And it’s about the proper separation of powers in our state government.
What You Can Do
Contact your state legislators and let them know where you stand on the public option. Ask them whether they believe the Constitution matters when passing major legislation. And keep an eye on this Supreme Court case. The decision could affect not just health care but how laws get passed in Nevada for years to come.
If you believe in constitutional government and fiscal responsibility, this case matters. The Legislature shouldn’t be able to bypass constitutional requirements just because they don’t have the votes. And unelected bureaucrats shouldn’t have blank checks to spend taxpayer money however they want.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
