First it was a federal judge who threw out Piyush Jindal’s voucher plan in Tangipahoa Parish because it posed a major setback to the parish’s current desegregation consent decree.
Then, last Friday, a state district judge, Tim Kelley, whose wife once worked for Piyush, said the method of appropriations to fund the statewide voucher program is unconstitutional.
Fast on the heels of Kelley’s ruling, fellow Baton Rouge District Judge William Morvant refused to throw out a lawsuit challenging the only part of Piyush’s far-reaching retirement reform proposals that survived the legislative session earlier this year.
In case you’re counting, that’s oh-for-three—not a good batting average for the governor who would be president.
Keep in mind that Piyush is the incoming chairman of the National Republican Governors’ Association.
Remember, too, that he thought he would be moving into that position in the hope that it would be the launching pad for his presidential aspirations. To do so, he needed to bring something substantial to the table.
That something was to be sweeping education reform. That was to be the centerpiece of his list of grand accomplishments, the bold-face type on his curriculum vitae.
Now, the status of both education and retirement reform are suddenly in jeopardy.
Suddenly the star of the errand boy of the American Legislative Exchange Council (ALEC) doesn’t shine quite so brightly.
What to do?
The obvious answer would be to teague someone. That practice, after all, has served him well in the past. No college president, attorney, doctor, agency head, legislator or rank-and-file state employee will dare rebuke Piyush lest he or she be shown the door.
There was a time when we would have run a recap of those teagued by this peevish little man, but the list has grown so long that it would take up far too much space.
On reflection, however, one must ask just what are Piyush’s alternatives?
Well, normally he could campaign against the re-election of judges Kelley and Morvant—except he already did the anti-judge campaign thingy in Iowa.
He can’t teague the federal judge; he was appointed by the president.
He can’t teague either of the state judges—Kelley or Morvant—because they were elected by voters of the 19th Judicial District.
He can’t teague Jimmy Faircloth, the attorney who so expertly represented the interests of the state in arguing on behalf of the voucher program because Faircloth was working under a contract that ends when all appeals are exhausted—about $100,000 or so down the road.
He can’t teague Angéle Davis, wife of Judge Kelley because she already resigned her position as Commissioner of Administration.
He can’t teague the legislator who introduced the education bills because they were not written by any Louisiana elected official but by the corporate honchos at the American Legislative Exchange Council (ALEC).
He might consider teaguing Superintendent of Education John White since there are already unconfirmed rumors floating around that he is leaving soon.
But there is a far better option open to Piyush:
He could take a page from the playbook of Egyptian President Mohammed Morsi.
It’s such a simple solution we’re surprised no one has thought of it before.
All he has to do is first invoke that obscure nullification clause which several states unhappy with last month’s presidential election are bantering about—the one that says states can unilaterally ignore a federal law they don’t like. Or even opt out of the union itself. Some in Texas are talking about splitting off and breaking the state into five separate states (pure lunacy, but a philosophy that dovetails nicely with that of the Tea Party).
Then, like Morsi, Jindal can unilaterally decree greater authority for himself, including issuing a declaration that the wrong-headed courts are henceforth barred from challenging his decisions.
(Come to think of it, such a move is not exactly unprecedented. President Andrew Jackson said of the U.S. Supreme Court’s decision that the state of Georgia could not impose its laws on Cherokee tribal lands, “(Chief Justice) John Marshall has made his decision, now let him enforce it.”)
After that, he could even take it a step further and, like North Korea’s late Kim Jong-il, bestow upon himself the title of “Dear Leader,” and, again like Kim Jong-il, commission a song of the same name in his honor.
Think about it. If he were to take that action, he could sell prisons, the old insurance building property, hospitals, roads, universities, the Saints and the Zephyrs, not to mention a few state-owned golf courses and state parks.
That water from Toledo Bend Reservoir? Sold. Gone to Texas and a few select political cronies are even richer than before.
And you only think you’ve seen a lot of corporate tax breaks, incentives and exemptions. Once he issues his decree, corporate taxes would disappear into that sink hole in Assumption Parish.
All state employees who aren’t fired outright (to be replaced by telecommuting administrative types from Florida, California, Alabama and elsewhere) would immediately forfeit all health and retirement benefits—except for friendly former legislators who, of course, would be elevated to six-figure salaries with full benefits.
The Department of Civil Service, public schools and the State Ethics Board would become distant memories for the nostalgic among us.
Of course, were he to take such action, he could always say his decision was predicated “by three things: one, to protect needed reform packages; two, to streamline government so at the end of the day, we can do more with less, and three, I have the job I want.”
Opponents could be expected to condemn his decrees as heavy-handed and dictatorial but what else would you expect from those who represent the coalition of the status quo?
Here’s their logic, as I see it: implement and put into place as many policies, agency reorgs, contracts as you can through fiat.
The law can be changed, but the window of opportunity for making the structural changes for implementing these policies is narrow. And once the structural infrastructure is in place, THEN you worry about niceties such as legality, funding, etc. By the time the courts have ruled, laid-off employees have moved on to new jobs, agencies have been reorganized, and the old infrastructure has been dismantled, making it difficult to revert back.
Swindle Jindal is state government’s very own Katrina: destroy it all, get rid of what you don’t like, and rebuild it however you want. Seriously, what’s anyone going to be able to do about it if what he rebuilds is a monstrosity? So what if was all done illegally? What we’ll be left with in 2015 will be “I told you so,” the moral and legal high ground, and Jindal’s devastation of the state.
Unless our Leges rollback the decisions they made last session (like that will happen!), we’re going to be stuck with Jindal’s pig for a long time.
Dept. of Revenue is the next agency for big shakeup. It will be interesting to see what nasty little surprises come out of the Lasalle Building this spring.
Their ads promised Small Government …
What they meant was …
One Man Government — A Government Of One
We are finding this out in Michigan, too.
Well he is trying to stack the LA Supreme Court with Jindal friendly judges. How else is Jeff Hughes getting the massive amounts of campaign financing for the Dec 8th election?
I think this is most defiantly his goal. Jeff would give him a majority on the court. One could only hope they would follow the law at that point.
Thanks as always for your commentary on the insights, or delusions as is more likely the case, of our beloved Bobby ‘don’t call me Piyush’ Jindal. It is so refreshing to see his public education dismantlement being so vigorously challenged in courts on multiple levels. We can only hope that with so many smackdowns the efforts to enrich the wingnut schools he has chosen for the education of our children will end up in the trashpile. Hopefully his destruction of the OGB will be his next failure in court. As these failures multiply we need to ensure the rest of the country is aware of them when Piyush makes his next move for “the job he wants.” We do need to get out the vote against Jeff Hughes as he has made it well known he will be a Jindal lapdog on the Supreme Court which would be dangerous as he would give Piyush the majority on that court he so desires. He already controls our spineless legislature; we can’t let him have the courts too!
Why give him, or more likely his minions, more ideas about emulating KJL and Moresi? But wait, they [the despots] at least stayed at home, to be worshiped by their subjects in N. Korea or whipped by them, as is now the case in Egypt. He’d be harder to corner physically as he still flits about on the taxpayers tab. But, ah the blessing of long distance learning and instantaneous communication not to mention the thrill of minion murder.
Thanks, Tom. You nailed it again. Oh, happy day when Piyush leaves the governor’s office, but pity those who are left to clean up his mess. With hopes of a national office now beyond his grasp, those who were riding Pi-In-The-Sky-ush’s coat tails with political machinations of their own are awakening to the grim reality that they had better return their focus to Louisiana and her citizens or find their butts out in the cold next election season. Speaking of teaguing, maybe Piyush and his cronies could all be kicked to the curb. That way, we can return Louisianians to the job of caring for and protecting our state and send Piyush’s imports back to the primordial ooze from whence they crawled.