Georgia governor bypasses AG, files own anti-health reform lawsuit

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Rebuffed by his state’s Democratic attorney general, Georgia Gov. Sonny Purdue, a Republican, has taken matters into his own hands to challenge the constitutionality of new federal health reform by hiring “special attorneys general.”

Sonny Purdue

Purdue announced that he has appointed Frank C. Jones as one of eight pro bono “special attorneys general” to direct Georgia’s participation in a federal lawsuit filed by 18 other states and led by Florida’s attorney general.

“The importance of this legal challenge demands the very best representation possible and that is exactly what the state is receiving from Frank C. Jones,” Perdue said in a statement. “Frank is one of the best and most respected lawyers in the state. We are grateful he recognizes the importance of this challenge and is taking up the cause on behalf of Georgians.”

Jones has worked for a pair of Georgia law firms dating back to 1950 and his experience includes past service as a 22-year member of the House of Delegates for the American Bar Association and president of the State Bar of Georgia.

In addition to Jones, Purdue also appointed seven other “deputy special attorneys general,” from state law firms and a law professor from Mercer University.

In March, Georgia Attorney General Thurbert Baker rejected Purdue’s request to challenge the Patient Protection and Affordable Care Act, indicating there was not “a viable legal claim” his office could pursue through such a suit.

Indicating in a letter that the proposed litigation, “is likely to fail and will consume significant amounts of taxpayers’ hard-earned money in the process,” Baker declined Purdue’s request.

Florida Attorney General Bill McCollum, who is leading the multi-state federal suit, welcomed Georgia to the list of plaintiffs “as we continue fighting to protect the constitutional rights of American citizens and the sovereignty of our states.

“On behalf of the residents in Florida and the states joining our efforts, we are committed to aggressively pursuing this lawsuit to the U.S. Supreme Court if necessary to prevent this unprecedented expansion of federal powers, impact upon state sovereignty and encroachment on our freedom,” he said in a statement.

Joining Georgia in the federal suit are Alabama, Arizona, Colorado, Florida, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington.

Virginia filed its own federal lawsuit challenging reform mandates.

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