Hood: Barbour Can’t Bring Litigation On Behalf of the State

Attorney General Jim Hood responded to Gov. Haley Barbour’s request to bring suit against the new healthcare legislation on behalf of the state today. He basically said it was impossible to make a decision by today at noon, and that his office will continue to look into the matter.

Hood, the Democratic standard bearer in Mississippi, would really shock me if he did decide to go forward with the lawsuit.

The more interesting details in Hood’s letter to Barbour, in my opinion, is that he told Barbour that he was “not authorized by this office to engage or employ counsel, file suit, or intervene in pending litigation at this time.” The next move is Barbour’s; it will be interesting to see what he does next. The letter from Hood to Barbour is below.

In a similar story, Georgia Gov. Sonny Perdue- a Republican- called on Attorney General Thurbert Baker- a Democrat- to bring suit. Baker, a candidate for governor, flatly rejected the idea. Perdue has said he will seek counsel elsewhere (at no charge to the state); while some Republicans have contemplated impeaching Baker for violating the state Constitution, which calls on the AG “to take on matters of the state in court at the direction of the Governor.”

If Barbour does move forward with or without Hood, I am sure he can find attorneys who will jump at the chance to take on the lawsuit for free.

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