Louisiana Voice

The following story was first reported by Capitol News Service, which is affiliated with this web blog, in June and though vehemently denied by Gov. Jindal’s office, we felt it was worth posting here.

Politics do indeed make strange bedfellows, especially when one of the partners is in denial.

When Louisiana Attorney General Buddy Caldwell entered the fray in challenging the recently passed federal health care law, he stood alone as the only Democrat among 14 state attorneys general doing so. The litigation, if successful, could also ultimately cost the state.

It also turns out that Caldwell may have been reluctant to become what he described as the “token Democrat” in the litigation, but was backed into a corner by Gov. Bobby Jindal. Jindal’s press secretary Kyle Plotkin, however, vehemently denied that.

Caldwell and 12 Republican attorneys general joined in the lawsuit filed in Pensacola by Florida Attorney General Bill McCollum, who is taking the lead in the litigation filed only minutes after President Barack Obama signed it into law. Virginia’s attorney general, also a Republican, filed a separate suit challenging the constitutionality of the law.

Caldwell initially declined to comment on Louisiana’s participation in the lawsuit, saying that he anticipated a spokesperson would be appointed by the litigation group to address media inquiries. “It would not be appropriate for me to comment in the interim,” he said.

Three days later, however, he did issue a brief statement and his office said, “No other statements will be made.”

“As Attorney General, I am duty bound by my oath of office to pursue a request by the Governor of the state of Louisiana for legal assistance, so long as it has substantial legal merit.”

Democratic attorneys generals in three other states apparently do not feel so duty bound. Minnesota Attorney General Lori Swanson, a Democrat, refused Republican Governor Tim Pawlenty’s request to join in the suit. Democratic attorneys general in Georgia and Nevada also have balked at demands by Republican governors of those states to challenge the health care law.

Some legal experts, according to the Associated Press, feel the lawsuit has dim prospects of success because, under the U.S. Constitution, federal laws prevail over state laws.

Caldwell said it was his decision to sign onto what he called Florida’s “well-drafted action” at the least cost to Louisiana in order to accomplish the same objective.

But his decision may not have been as willing as he attempted to make it appear.

In a subsequent address to employees of his office, the Attorney General said the decision was made more out of the necessity of saving jobs in his agency than any real hope—or desire—of overturning the health care law.

Four separate employees said Caldwell, in a candid admission, claimed that a deal was made with Jindal. Under terms of that agreement, the governor would not make additional cuts in the attorney general’s budget if Caldwell joined in the litigation. Caldwell agreed to be the “token Democrat,” they said, so that he might save additional job cuts by an administration whose stated goal is to reduce the number of state employees by as much as 5,000 per year over three years.

A spokesman for the Division of Administration said Jindal could not cut the attorney general’s budget at this late date even if he wanted to because the budget has already been submitted and is “set in stone.”

A side effect of the lawsuit, one source said, could be the jeopardizing of $300 million in Medicaid funding, negotiated by Sen. Mary Landrieu in return for her support of the bill.

Because of the heavy influx of millions of dollars in insurance payments, aid, and money for new construction following Hurricane Katrina, the federal government calculated on paper that state income increased by 40 percent. That resulted in a drastic cut in Medicaid funding, prompting Landrieu to do some 11th-hour horse-trading to restore the lost funding to the state.

The $300 million recovery, however, would be offset by the costs of the health care bill, according to Louisiana Department of Health and Hospitals Secretary Alan Levine. Levine said the bill, because it was passed as an unfunded mandate, would mean a minimum additional cost to Louisiana of about $350 million per year to implement. “Unfunded mandates have been successfully challenged in court before,” Caldwell said in his written statement.

“As Attorney General I will not engage in political opportunism or partisan politics nor file any claim that does not have substantial legal merit,” he said.

Both Caldwell and Jindal were unavailable for comment on the reports of the agreement to spare Caldwell’s office further budget cuts in exchange for joining the lawsuit.

Plotkin demanded to know the source of the information but was told only that the information came from within the attorney general’s office and was corroborated by no fewer than four employees of Caldwell’s office.

“Your story (first published earlier this week in the Eunice News) is preposterous,” Plotkin told a reporter. “Moreover, you said you tried to call the governor and he and the attorney general were unavailable for comment. We have no record of any inquiry made to the governor’s office.”

The initial report, however, never said the governor’s office was called since at the time the story was being filed late last Thursday, Jindal was in Winnsboro. An attempt was made to call Caldwell but because it was the day before Good Friday, Jindal had sent his employees home early and closed the attorney general’s offices.

Plotkin then demanded that the reporter add a sentence to the initial story “saying that you never called the governor’s office.” The reporter refused, saying it was never claimed that the governor’s office was called so there was no reason to correct an error that was never made.

Plotkin, when asked for the governor’s version of what happened, insisted that Caldwell joined the suit “on his own volition.”

“You’ve caused a lot of problems for this office,” he said. “This story has been all over the internet and national television. Why don’t you call the attorney general and let him tell you what happened?” He was told that no fewer than four employees of the attorney general’s office had already related details of Caldwell’s address to his employees.

Plotkin, who had first contacted the reporter by email, was asked to reduce Jindal’s version of events to writing and to submit them to the reporter via email “so there would be no chance of any misunderstanding.”

Plotkin refused, suggesting again that the reporter call Caldwell.