Monday, April 5, 2010

The Difference Between South Carolina and Georgia —Henry McMaster!

Posted by Will Moredock on Mon, Apr 5, 2010 at 11:11 PM

In the great State of Georgia, the attorney general told the governor to take a flying leap when the gov suggested that he sue the federal government over the new healthcare legislation. “I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit,” the Georgia AG said.

Compare that to S.C.'s AG, Henry Dargan McMaster. McMaster does not know enough about the law to discern a good case from a bad case, but he does know enough about politics to play to the crowd. Presumably, that is why he has joined the mass lawsuit against the federal government. He is running for governor and the money he blows on this wasted trip to the U.S. Supreme Court is not his money. So why not double down and roll the dice. He's got nothing to lose — not even his dignity.

Read about the Georgia AG at

Attorney General Thurbert Baker told Gov. Sonny Perdue on Wednesday he will not file a federal lawsuit to block federal health care reform legislation signed into law this week.

Baker, a Democrat seeking his party’s nomination for governor, told the Republican Perdue that he was “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.”

Perdue had asked Baker to join more than a dozen other attorneys general from around the country — all of whom are Republicans — to sue to block the federal legislation, which Perdue said will devastate the state budget due to increased Medicaid costs.

“I do not believe that Georgia has a viable legal claim against the United States,” Baker wrote.

His decision, he said, was based in part on the great expense a law suit would incur at a time of cratering state revenues.

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

Legal scholars around the country have largely opined that the lawsuits by the states face steep odds as the courts have largely protected Congress’ ability to act in this manner.

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