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Atlanta
2:33 pm
Thu March 25, 2010
GA AG Baker Won't Sue Despite Perdue's Desire
By Charles Edwards
Atlanta, GA – Georgia Attorney General Thurbert Baker Wednesday told Governor Sonny Perdue he will not sue the federal government over the new health care law.
The Governor has wanted to file a lawsuit since law was a bill being debated in Congress. On Monday, Perdue asked Baker to sue arguing the constitution doesn't give Congress the authority to force people to buy health insurance. Baker responded with a 2 page letter.
"I concluded after doing our research here that there was no viable legal basis to pursue litigation against the federal government," said Baker.
Baker says previous court rulings show the lawsuit Perdue wants to file won't win in court. Plus, Baker argues the state can't afford to pay for this kind of lawsuit during tough budget times. Despite Baker's advice, Perdue is moving forward. Bert Brantley is the Governor's spokesman.
"There are plenty of people who are willing to take on this pro bono and not cost the state anything and I think that's an indication of how upset people are about this issue," said Brantley.
Another option on the table Wednesday was to join a class action lawsuit filed by several other states.