V. Correspondence and Subject Files, 2002-2006; 2008; 2010-2017 (bulk 2014-2017) .

Containers:

Box 24-36

Extent:

Extent: 7.8 cubic feet (13 boxes).

Scope and content:

The Correspondence and Subject files of the Counsel to the Governor series is housed in 13 boxes and is arranged alphabetically by subject. This series contains the records of Carlos Hopkins, Counsel to the Governor (2014-2017), Tracy Retchin, Deputy Counsel to the Governor (January 2104-May 2015), and Noah Sullivan, Deputy Counsel to the Governor (May 2015-August 2017) and Counsel to the Governor (September 2017 to January 2018). Also included are a small number of files created by Khaki LaRiviere, Confidential Assistant to Counsel (July 2016 to July 2017), and Jade Moss, Legal Fellow (2017). Privacy protected and confidential information is restricted from public access for 75 years (Code of Virginia 42.1-78). Restricted records in this collection have been sealed but not removed. Types of restricted may include, but is not limited to: administrative investigation records, attorney-client privileged documents, criminal records, mediation documents, medical records, and personnel records.

Notable subjects include: Center for Innovative Technology (CTI); Fort Monroe; licensure of abortion facilities; the McAuliffe administration's attempt to expand Medicaid; litigation related to Governor McAuliffe's 22 April 2016 blanket restoration of rights order (William J. Howell, et al v. Terence R. McAuliffe, et al), redistricting (Golden Bethune-Hill, et al v. Virginia State Board of Elections, et al; Gloria Personhuballah, et al v. James B. Alcorn, et al; and Dawn Paige, et al v. Virginia State Board of Elections, et al), and former Governor Robert F. McDonnell (United States of America v. Robert F. McDonnell, et al); same-sex marriage; and the 2015 Virginia Alcoholic Beverage Control/Martese Rashaad Johnson case (restricted). The majority of litigation contains only copies of briefs, decisions, subpoenas, and court opinions.

The 2010 Affordable Care Act (sometimes known as ACA or Obamacare) enabled states to expand their Medicaid program to cover all adults with income below 138% of the federal poverty level. Initially, the federal government fully paid for expansion; it now pays for 90%. The Virginia General Assembly and the Governor Robert McDonnell administration did not agree to expand Medicaid. Terry McAuliffe, during his successful 2013 gubernatorial campaign, promised to expand Medicaid. He was unsuccessful. The Medicaid records in this series document the McAuliffe's expansion attempts including: removing language from the 2014 state budget that appropriated extra Medicaid funds to a Medicaid commission but only if it approved expansion; and a 2016 line item veto of budget language that prevented the governor from expanding Medicaid without its permission. The General Assembly did not recognize McAuliffe's veto; they argued the governor could not veto conditions attached to an appropriate without vetoing the entire appropriation. The Virginia General Assembly approved Medicaid expansion as part of the FY2019-2020 state budget signed into law by Governor Ralph Northam on 7 June 2018.

Access and use

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