Governor, attorney general in tense showdown over health care

By Jim Tharpe and Aaron Gould Sheinin

The Atlanta Journal-Constitution

The polarizing politics of the national health care debate echoed through the state Capitol on Wednesday as Republican Gov. Sonny Perdue and Democratic Attorney General Thurbert Baker staked out opposing positions in a bruising public fight.

Perdue had asked Baker to join more than a dozen attorneys general from across the country — all but one Republicans — who are suing to block the federal health care legislation President Barack Obama signed this week. Perdue said the health care bill will devastate the already strapped state budget due to increased Medicaid costs.

But Baker, who is a candidate for governor, declined to challenge the president and the Democrat-controlled Congress. Baker said Georgia does not have a “viable legal claim against the United States.”

“I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit,” Baker wrote in a two-page letter to Perdue. “In short, this litigation is likely to fail and will consume significant amounts of taxpayers’ hard-earned money in the process.”

That immediately drew howls from state Republicans, who accused Baker of playing partisan politics. Democrats applauded the attorney general for saving the state money and for standing up to the governor.

“It’s pure politics,” said House Majority Leader Jerry Keen (R-St. Simons). “There was never any consideration of policy. If we had an attorney general not running for office, I think this would have been handled differently.”

Keen said Baker’s decision reinforces his belief that politicians seeking higher office should resign their current positions.

Sen. George Hooks (D-Americus) said Baker made a courageous decision that will save Georgians desperately needed revenue.

“It would serve us well if we let the other states move ahead with this and we saved our money,” Hooks said. “Let Virginia spend their money.”

Rep. Earl Ehrhart (R-Powder Springs) praised Perdue for taking on national Democrats. And he blasted Baker.

“I would hope we can find an attorney general who represents the majority of Georgians,” Ehrhart said.

Perdue has labeled the federal health legislation as a "colossal unfunded mandate." The governor said it would force an additional billion dollars of Medicaid spending per year and harm small businesses by extending the Medicare tax.

Democrats have accused Perdue and Republicans of vastly exaggerating new costs, and constitutional scholars have questioned the state’s ability to challenge the federal legislation.

That didn’t stop state lawmakers on Wednesday as they kept trying to constitutionally ban the health care legislation from taking effect. That proposal failed in the Senate, but it is up for reconsideration in the House, where it would need a difficult-to-get two-thirds majority to pass. It failed on its first try in the House earlier this week.

Perdue spokesman Bert Brantley said Wednesday that the governor is considering new options in wake of Baker’s decision. Perdue and former U.S. House Speaker Newt Gingrich (R-Ga.) will hold a joint news conference Thursday to further blast the federal overhaul of health care.

Brantley told reporters the governor’s office is considering “going it alone” and filing a separate lawsuit, or joining the other states’ lawsuit without Baker’s participation.

Brantley said a number of lawyers have volunteered to take the case free of charge. He said the governor’s office believes it can move forward on the litigation without legislative approval.

“It’s clear that the governor can direct the attorney general to file a lawsuit. It’s not clear, if he doesn’t choose to do so, what happens then,” Brantley said.

Late Wednesday, Lt. Gov. Casey Cagle and the Republican members of the state Senate issued a joint statement urging Perdue to join the lawsuit filed by the other states.

Brantley said Perdue might also decide simply to let the other states pursue the challenge without getting directly involved. He said the governor’s office has received numerous calls expressing concerns about the health care legislation and calling on the state to join the suit.