Tobacco Fund Case to Begin Tuesday
Judge could decide if court order funding Partnership stands
PASCAGOULA — Arguments are expected to begin Tuesday in a case to determine if the Partnership for a Healthy Mississippi will continue to receive $20 million per year.
The state Medicaid Division, at the urging of Gov. Haley Barbour, has filed a lawsuit to overturn a 2000 court decision which provides the Partnership with millions each year from the state’s payments from tobacco companies.
The Partnership is a private anti-smoking group founded by former Attorney General Mike Moore.
Jackson County Chancery Judge Jaye Bradley could decide if the court order granting the money should be overturned.
Those close to the governor say the state Constitution gives the Legislature, not the court, the authority to appropriate state money.
“Our position, bottom line, is that it is a matter of law,” said James Heidelberg, a Pascagoula attorney representing Medicaid. “We believe that a court order appropriating state money to a nonprofit organization is not in accordance with the law or the Constitution.”
Moore disagrees, saying he received permission from legislative leaders to divert payments to the Partnership.
“The Legislature supports the Partnership just like it is,” Moore said. “This is not about the budget. With Haley, this is pure politics.”
In December 2000, a Jackson County Chancery Court ordered $20 million a year directed from Mississippi’s tobacco settlement to the Partnership.
The Tobacco fund case to begin Tuesday
Originally written By: Shelia Byrd
The Associated Press