Update:
Remember a few weeks ago, Louisiana Republican Lt. Gov. Jay Dardenne and other Louisiana Republicans did not like a billboard calling out Gov. Jindall’s refusal to expand Medicaid — a shenanigan that results in the denial of health care to 242,000 Louisianans — and sued MoveOn.org in federal court, saying the sign violates trademark rules?
If you don’t, the full story follows this update.
Well, today a U.S. district judge rejected Louisiana’s request that MoveOn.org’s billboard be taken down.
U.S. District Judge Shelly Dick issued the order. Lawyers for Lt. Gov. Jay Dardenne (R), who filed the suit, had “not demonstrated a substantial likelihood of prevailing on its burden of proving confusion by viewers of the billboard,” Dick wrote. She rejected the state’s request for a preliminary injunction, which asked that the billboard be taken down as the court case continues.
“The State has failed to demonstrate a compelling reason to curtail MoveOn.org.’s political speech in favor of protecting of the State’s service mark,” she continued. “There has been no showing of irreparable injury to the State.”
And what does MoveOn have to say?
After saying “We won!” MoveOn recaps:
Republican governors and legislators are blocking a shocking 5 million Americans from accessing health care by refusing to accept federal funding to expand Medicaid. When we put up billboards in nine states calling out Republicans for standing in the way of health care, the state of Louisiana sued us, demanding we take down one of the billboards. But today, the judge issued a preliminary decision that allows our billboard to stay up and paves the way for the whole lawsuit to end with a victory.
Stay tuned.
Original post:
Louisiana, under Republican Governor Bobby Jindal, is one of 25 States that has refused federal funding for Medicaid expansion, an optional but key component of the Affordable Care Act.
Another governor who is sitting on his hands refusing to expand Medicaid and, consequently, denying 1,046,430 Texas residents health care coverage, according to MoveOn.org, is Texas Republican Governor Rick Perry.
It’s hard to fathom why Perry is doing this—except out of spite—since expanding Medicaid would be a huge bargain for Texas (100% of the costs would be borne by the federal government through 2016, and 90% thereafter), and 1,046,430 residents would benefit, according to an estimate from the Kaiser Family Foundation.
But back to governor Jindal.
According to MoveOn, Jindal’s refusal to expand Medicaid is resulting in the denial of health care to 242,000 Louisianans.
And MoveOn is anxious to let people know. So they have erected a huge billboard on Interstate-10 coming into Baton Rouge from Port Allen, using the state’s tourism logo and motto and telling visitors and residents alike “LOU!SIANA Pick your passion! But hope you don’t love your health. Gov. Jindal’s denying Medicaid to 242,000 people”
Well, Republican Lt. Gov. Jay Dardenne and other Louisiana Republicans don’t like the billboard and are suing MoveOn.org in federal court, saying the sign violates trademark rules.
MoveOn.org has decided, “after carefully discussing the matter with their lawyers,” that they are going to leave the billboard up — even if they “have to take this fight all the way to the Supreme Court,” claiming that the lawsuit is completely baseless. They quote Tulane University constitutional law professor Keith Werhan saying last week: “The government can’t legally silence those who are criticizing them.”
MoveOn.org considers this issue a win-win situation, and are not only using the issue in a fund drive but also:
The deeper the state of Louisiana takes this—and the more national press we get—the more attention we bring to the real substance. Which is that Gov. Bobby Jindal—who wants to be president someday—is denying health coverage to 242,000 Louisianans.
MoveOn.org is already fighting the lawsuit in the court of public opinion:
Last Friday night—just as Gov. Jindal took the stage at a conservative event in New Hampshire to establish himself as a presidential contender—MoveOn members greeted him on the ground, while we flew an airplane above him in the sky, with a clear message: “Stop denying 242,000 Louisianans health care.”
Lead image: The Times-Picayunne
The author is a retired U.S. Air Force officer and a writer.