BATONROUGE, La. - Gov. Bobby Jindal has a new tactic in his attempt to scuttle Common Core in Louisiana.
Wednesday, he filed a lawsuit claiming the U.S. Department of Education violated the 10th Amendment and federal law by coercing states to adopt Common Core education standards.
The federal government has used a more than $4 billion grant program to encourage states to adopt the uniform benchmarks for math and English. The lawsuit states, 'Louisiana now finds itself trapped in a federal scheme to nationalize curriculum.'
Jindal said, 'The federal government has hijacked and destroyed the Common Core initiative. Common Core is the latest effort by big government disciples to strip away state rights and put Washington, D.C. in control of everything.'
Legal analyst Chick Foret said the U.S. Supreme Court has rarely struck down federal laws based on the state's rights argument.
'Specifically, Justice Sandra Day O'Conner has ruled in a decision that the government can in fact have strings attached to the receipt of federal funds,' Foret said.
State Rep. Walt Leger called the Jindal lawsuit 'troubling.'
'It's troubling to continue to see these court battles play out on an issue that's so important to the future of our state,' said Leger, D-New Orleans.
Leger said the proper battleground for the fight over Common Core is the Louisiana Legislature.
'I think many, many people across the state are tired of these lawsuits that seem to want to undermine the will of the legislature. We will be back in session in just seven or eight short months. I'm sure we will continue to debate this issue. It's a complex one.'
EyewitnessNews Political Analyst Clancy DuBos said the lawsuit is politically motivated.
'It just seems like he's timing all of this to coincide with his presidential ambitions and not necessarily with a real sincere effort to get rid of Common Core,' said DuBos. 'As governor, he could have worked very hard to repeal Common Core in the state of Louisiana during the most recent legislative session. He did virtually nothing.'
Jindal's former executive counsel is litigating the Common Core lawsuit on behalf of the state. A spokesman for the governor said Faircloth charges $225 per hour.
'I certainly would suspect the attorney general is the first person that the governor should turn to,' said Leger. 'If he believes the state's rights are being infringed upon by the federal government, we paid the attorney general to do that job.'
'Bobby Jindal does not have the support of state officials,' said Foret. 'He does not have the attorney general as his lawyer. And, in my legal opinion, his lawsuit has little or no merit.'
Jindal supported the new education standards in 2010, but now he's against Common Core.
'The proponents of Common Core will tell you that it's simply about one test and about standards, but that's a ruse. Common Core is about controlling curriculum. Educators know that what's tested is what's taught. Make no mistake Common Core tests will drive curriculum. Common Core supporters should own up to this fact and finally admit they want to control curriculum. These are big government elitists that believe they know better than parents and local school boards.'
Two state judges have already refused to derail Common Core.