Howard was retained primarily to advise the office on whether McAuliffe could continue to operate state government if the General Assembly did not adopt a budget by July 1. The assembly adopted a budget June 12, and the governor signed it last week after vetoing eight provisions. The legislature sustained six of the vetoes, but Howell ruled two others out of order as beyond the scope of the executive’s veto powers.

McAuliffe said Friday that he will attempt to bypass the assembly to expand health coverage, but gave no details on how he intends to do so. He directed Secretary of Health and Human Resources Bill Hazel to provide him a plan by Sept. 1 on how to expand coverage to an estimated 400,000 Virginians who are not eligible for Medicaid or, in many cases, premium subsidies in the new federal health insurance marketplace.

Howell called the governor’s plan “an executive power grab” that is not allowed by state law and the constitution, which give the assembly the sole power to appropriate funds, including money from the federal government.

Clement’s analysis concludes that Virginia law and the constitution do not give the governor the authority to expand health coverage eligibility under Medicaid or a commercial insurance alternative, as Kentucky and Ohio have done under a different legal framework from Virginia’s.