Thurbert Baker’s answer to Sonny Perdue: Health care lawsuit a waste of money
Attorney General Thurbert Baker, a Democratic candidate for governor, has rejected Gov. Sonny Perdue’s demand that he join a lawsuit challenging the constitutionality of the new health care reform law.
Read the entire thing here. But this is the meat:
Based upon my understanding of the current Act, I am unaware of any constitutional infirmities and do not think it would be prudent, legally or fiscally, to pursue such litigation. I must therefore respectfully decline your request.
While I understand that the new law is the subject of ongoing debate here in Georgia and around the nation, I do not believe that Georgia has a viable legal claim against the United States. Considering our state’s current severe budgetary crisis, with vital services like education and law enforcement being cut deeply, I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit.
In short, this litigation is likely to fail and will consume significant amounts of taxpayers’ hard-earned money in the process.
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122 comments Add your comment
Matilda
March 24th, 2010
5:12 pm
NoPrice, good gravy, there’s no need to INSULT me!! I’m actually a moderate, favoring fiscal responsibility, a reasonable — not excessive — safety net for our infirmed and less intelligent, and social freedom from religious tyranny that keeps creeping into our laws. This HC bill wasn’t exactly what I imagined or hoped, but it’s step toward solving a REAL problem of millions of Americans that was not solved by any previous effort. Do y’all think blackmail and extortion should be legal? It’s illegal because it takes shameful advantage of someone when they’re down. Tsk, tsk.
Bottom line: Blame Blue Cross, Aetna, and Kaiser. If they hadn’t put excessive profits before the responsible execution of their stated business, this “movement” for reform NEVER would have had the momentum or votes to pass. There were many factors driving reform (not the least of which is that our Congress is in bed with lobbyists and this bill is good for big pharm AND insurance), but it was the continued mistreatment of [voting American] customers that put it over the top. Period. They brought this on themselves, and btw, the bill ensures they’ll continue to make money, so I find no reason for sympathy. As for the “I don’t wanna buy it!” crowd, they’re endorsing freeloaders like the uninsured now whose costs are covered by the rest of us. Again, no sympathy.
retiredds
March 24th, 2010
5:54 pm
Retired Soldier: I am on the same page as you when it comes to the deficit. And, yes, I do worry. Not for me because of my age, but the future generations. I have lobbied, to no avail, with our Congressional and Senatorial representatives for many years for a Constitutional Amendment to balance the Federal budget, for real. There would, obviously, have to be some conditions that it could be violated but only for a very short period of time and that to do it would require a 75% vote of both chambers to pass. There is no reason that an economy that is as vibrant and dynamic as ours can’t be run on a sound financial and fiscal basis. And the first step would be to put into place a program to reduce the deficit to zero. Yes, zero. BUT to get there would require: bipartisanship to get a good bill passed into law (can’t happen in the current atmosphere); that it be agreed it is a long term goal of 15-20 years (like the space program – a solid commitment to achieve the goal, not just words), it will take a tremendous education program for the American public because it can only be done by a combination of selective and intelligent (maybe an oxymoron here) tax increases (called revenue) and simultaneous spending cuts (and yes it could affect the most hallowed of programs called entitlements). This would be the equivalent of the enactment of a war on the deficit.
When the budget is balanced it would be imperative to run many years of surpluses to pay down the debt and commensurately reduce the interest expenses on the debt. Just think of that, no US debt!!! And here is an interesting thought: if there was no government debt there would be no government debt obligations. Then countries like China would have to invest dollars earned on their goods sold to the US in stocks, real estate, land and other tangible items. I could go into the national security gains from this but I have taken up too much space already.
Oh well, I can dream. I need to leave my post.
Have a great evening.
Used to be Disgusted
March 24th, 2010
6:09 pm
I don’t understand why republicans hate America. Obama won, and he promised change. Yes, we did.
Why don’t you all try being patriotic and supporting our president?
RetiredExec
March 24th, 2010
6:30 pm
My Medicare is a good return-on-investment, and it’s hassle-free. For-profit health insurance policies have been quite the opposite and those CEO bonuses have been obscene. By the way, I didn’t understand the comment above about religious beliefs and buying insurance. My religious belief prevents me from playing games of chance, but insurance is OK. Are you Amish? I think they get exempted. Anyhow, when I buy insurance I want to be in the biggest pool to spread the risk as widely as possible AND for bulk discounts.
The Truth
March 24th, 2010
6:56 pm
Good job putting yourself before your state, Baker. You’d rather sacrifice the welfare of Georgia’s citizens to “look good” for your party than actually follow the wishes of the majority.
If you don’t do the right thing for the citizens of Georgia now how can we expect you to as Governor. Rest assured, we’ll never have the chance to find out. I hope you have a fallback career because you will never be Governor.
“Showing backbone?” Are you joking? Showing backbone would have been standing up for the wishes of the majority of Georgia citizens against this out-of-control administration. “Sucking up to his masters,” more adequately describes his neglect for Georgia’s well-being.
Georgia Redneck
March 24th, 2010
8:35 pm
If you voted for obama I dont blame you for foolishly falling prey to yet another presidential promise.. If you however still think the president is doing a good job your a fool for life and cant be helped.. I firmly believe what Rush said today about democrats being so engulfed in winning that they would rather win and destroy the country than prosper as a people. What dems dont understand is Repulicans/Conservatives are morally descent people with strong family values who believe in the puritan work ethic. For those of you who do not understand what that means, it means we are God fearing, hard working people who do not want the government in every facet of our lives.. Do we want people to lose everything they have because of healthcare bills? No, we believe the people should take care of the people and not rely on the government to take care of us like children. Older persons foolishly bought in to the sham of the government taking care of the people who could not take care of themselves some time ago. It is known as medicare and medicaid. Even the lowly educated persons should be able to tell you how well those programs work. If your not familiar with Ronald Reagan’s famous quote on government run healthcare enlighten yourself and look it up.
Used to be Disgusted
March 24th, 2010
10:29 pm
Georgia Redneck,
If you quote Rush Limbaugh, everyone will think you are a brain-dead moron. Are you?
Why do you hate America and democracy?
Georgia Politics Set to Explode Over Obamacare | CentristNet
March 25th, 2010
2:29 am
[...] has also pointed to the money that would be expended by an Obamacare suit, money Baker claims would be wasted. It appears that “every GOP [...]
John
March 25th, 2010
9:13 am
Yep. Last year’s sudden rediscovery on the right of a quaint old document called the Constitution has been good for many laughs. That they haven’t had time to read it yet is not surprising, either.
Y’all get back to me after you scrutinize the Patriot Act and our ongoing wars against countries that didn’t attack us–then we’ll discuss the unimaginable crime of a few more poor people visiting doctors.
Steve
March 25th, 2010
11:18 am
Sonny perdunce is such an idiot. I cant wait to vote against him in November.
SWG
March 25th, 2010
1:47 pm
Over the past several years, Georgia has removed over $3 billion from the public education budget to fund the misplaced priorities of our Republican leaders. Thank you Mr Baker!
Mike Daniels
March 25th, 2010
2:08 pm
Dumb bunny he is! If the lawsuit to stop OBAMAcare will strain out budget, what the hell will OBAMAcare do to it??? We have every legal right in the world to sue- the federal govr’ment has imposed this “healthcare bill with no means of finacially paying for it- that is unconstitutional! you cant tell a state to participate in something and not provide the means to pay for it… idiot if you ask me.
Proud Conservative
March 25th, 2010
10:07 pm
If a liberal Democrat speaks and no one is there to hear it, is he still a moron?
Rodgers
March 26th, 2010
9:44 am
Commerce clause: “[The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;”
Regulation is not the act of taking control of behavior but the guiding actions of a market or people through law to prevent abuse by a single or group of entities.
“X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The power to govern does not filter down from the federal government down to the people. It is granted by the people up to the states. And up to the federal government by the people and states.
David Clark
March 26th, 2010
10:38 am
I support AG Baker’s position.
Winterhead
March 26th, 2010
2:01 pm
I have a health savings account. Its my choice of how I live my life. Now someone in Washington who is smarter than me, will put my choice out of business and force me to buy the plan they tell me to. Did Thurbert read the constitutions that he swore to support and defend. He’s a slave to the Democratic Party.
BecauseIread
March 29th, 2010
9:49 am
I encourage all people to read the bill for yourself before aligning with your party. It does NOT state that you are forced to get healthcare. It states that if you can afford to get healthcare and are actively refusing to do so, you will be fined. There are exceptions to the fine, including(but not exclusive) inability to afford the plan and religious beliefs. VERY tired of people putting out false information for the sake of their party. Newsflash, they could careless about the outcome b/c they can afford the best care the country has to offer. And as long as they can convince people of false information, they will. Please read it for yourself. Kudos to Baker for not allowing Georgia to appear to be a backwards and illiterate state.
Georgia’s Attorney General Disputes Cuccinelli’s Claim That Frivolous Health Care Suit Won’t Cost Taxpayers | No Bull. news service.
April 1st, 2010
12:01 pm
[...] significant costs associated with staff time and resources, which is a major part of the reason why he refused Gov. Sonny Perdue’s (R) request to also sue the federal government: BAKER: It’s impossible to have a lawsuit where there are [...]
Bernard
April 1st, 2010
5:16 pm
Kudos to Thurbert Baker for his candor and his courage. Lawyers are ethically required to exercise independent judgment on behalf of their clients. Lawyers do not sue just because a client wants them to sue. Suing the feds over health care would be a waste of time and money. Mr. Baker gave his best legal advice to Gov. Perdue on the issue. The state has more compelling problems than to waste time bringing a lawsuit that will certainly be expensive and is likely to fail. The resolution to impeach Mr. Baker is an embarrassment to the State of Georgia. Those who introduced the resolution in the legislature should be ashamed of themselves.
Theresa
April 2nd, 2010
10:38 pm
Thurbert Baker, Attorney General for ACORN!!!!!!!!!
He is a loser
patriot
April 5th, 2010
11:53 pm
It’s really hard to believe the number of people who are willing to allow the government to run their lives.
To those of you that make comments like, “stop making this a black and white issue” or “why do republicans hate America”, do some research and read the bill. You’ve been lied to by the democrats!
patriot
April 6th, 2010
12:00 am
To BecauseIread…Just you tell me why the government should be able to fine someone for refusing to have insurance.
I am tired of people who believe that it is okay for the government to tell Americans what they can and can not purchase. I know what is best for me and my family not the feds.
This is no different than Hitler telling the Germans what was best for them.