Perdue to file health care suit, bypassing Baker

By Jim Tharpe

The Atlanta Journal-Constitution

Republican Gov. Sonny Perdue said Thursday that he will bypass Democratic Attorney General Thurbert Baker and create a “special attorney general” to sue the federal government over the health care overhaul, an order Baker refused.

“Constitutionally, I believe he is obligated to represent the people of Georgia in these issues,” Perdue said at a morning news conference. “He’s refused to do that. I can’t force him to do that.”

Perdue, however, said the state constitution permits him to work around Baker and appoint a special attorney general to file a lawsuit against the health care legislation President Barack Obama signed into law earlier this week.

The attorneys general in 14 states have announced they will file health care suits, and the governor had asked Baker to get on board. But in a two-page letter earlier this week, Baker told the governor the lawsuit would fail and would be a waste of taxpayers’ money in a time when every dollar is needed.

Baker, who is in a crowded field of Democrats running for governor, said he stands firmly by his position. But he agreed with Perdue that the governor can appoint a special attorney general to pursue the lawsuit.

“That will be the governor’s prerogative,” Baker told The Atlanta Journal-Constitution in an interview. “He can do that under state law.”

The governor said lawyers have lined up to represent the state pro bono (for free) in any case against the federal government over health care. Perdue said he will create a team of attorneys to file the lawsuit in coming weeks. He and his spokesman, Bert Brantley, declined to name the attorneys stepping forward.

“We have about a dozen names of people who have called and said they want to take the lead or be on the team,” Brantley said. “We have to sit down and go through those.”

Baker said he doubts that strategy will come without a cost when staff time and other factors are considered.

“There will always be costs involved somewhere,” Baker said. “It’s hard for the governor to argue this is purely pro bono. Somewhere money will be spent.”

The Perdue-Baker spat has made national headlines and was even featured Thursday on the liberal news site The Huffington Post. That site picked up a story by a Republican blogger in Georgia who said there was a move (no names attached) afoot in the state House of Representatives to impeach Baker.

House leaders dismissed that notion later in the day, saying there was no serious GOP movement to push for Baker’s ouster, though some backseat Republicans had mentioned the prospect.

“I don’t think that will amount to much,” said state Rep. Earl Ehrhart (R-Powder Springs).

Perdue and Baker are not strangers to conflict. They tied up in 2003 when Perdue ordered Baker to drop a redistricting fight and Baker refused. The state Supreme Court backed Baker in that case.

The governor, however, said the court ruled only on legislation that was under way and was ordered to be terminated. In the health care fight, Baker refused to initiate a lawsuit ordered by the governor.

Perdue cited Article 5, Section 3, Paragraph 4 of the state constitution, which states:

“The Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall be required by law.”

The Perdue-Baker fight could have major implications in the Democratic race for governor, where Baker was a long shot before the dispute. Prominent Democrats, including former Gov. Roy Barnes and House Minority Leader DuBose Porter (D-Dublin), are running against Baker to replace Perdue, who has served two terms and cannot run again.

Baker’s fight with Perdue, which kept him in the news most of the week, has elevated his name recognition and strengthened his standing in the black community, University of Georgia political scientist Charles Bullock said.

About half the votes in the Democratic primary are cast by African-Americans, and the daily theater of a black attorney general defying a white Republican governor who is trying to sue the nation’s first African-American president plays well for Baker’s gubernatorial campaign, Bullock said.

“The fact he is standing by the president really helps him,” Bullock said. “And it offsets some of the criticism he has gotten in the black community for being too close to Republicans.”

Perdue has argued that federal health care could cost the state hundreds of millions of dollars. That money, he said, will eventually hurt education and transportation since the funds will have to come from other programs to balance the budget.

Supporters of the health care plan say Perdue and other Republicans have vastly overstated new costs and overlooked savings tied to the legislation.

Former U.S. House Speaker Newt Gingrich appeared with the governor Thursday at their Buckhead news conference. Gingrich blasted the Obama health care plan but said there is no place for the threats and vandalism allegedly committed by those angry over its passage.

“Just as there was no place for the kind of viciousness against Bush and Cheney, there’s no place for viciousness against Democrats,” Gingrich said.

But Gingrich refused to let Democrats totally off the hook, at one point referring to Democratic leaders as “disingenuous.”

“I think the Democratic leadership has to take some real responsibility for having run a machine that used corrupt tactics, that bought votes, that bullied people, and as a result has enraged much of the American people,” he said.

Quotes from Perdue, Baker

“Constitutionally, I believe he is obligated to represent the people of Georgia in these issues. He’s refused to do that. I can’t force him to do that.” -- Gov. Sonny Perdue, speaking about Attorney General Thurbert Baker

“There will always be costs involved somewhere. It’s hard for the governor to argue this is purely pro bono. Somewhere money will be spent.” -- Attorney General Thurbert Baker, speaking about the governor's plan to file suit against the federal health care overhaul