House Speaker Mark Eves’ lawsuit against Gov. LePage hit a dead end last week, but that doesn’t resolve everything.

Eves had claimed that his First Amendment rights had been violated when LePage used his control over discretionary funds to prevent Eves from getting a job heading a nonprofit social service agency, Good Will-Hinckley, in retaliation for political differences.

A U.S. District Court judge in Maine ruled that LePage could not be held liable for doing his job, which includes authorizing or not authorizing the use of the funds. Now two members of a three-judge panel at the U.S. Court of Appeals agree, likely putting an end to it as a legal matter.

But at its heart, this was always more of a political matter than a legal one, and the ramifications go beyond this single case.

The judges say that a governor has immunity from civil damages, even if he was using his power over Eves’ private life to punish the speaker for things he did in his official capacity. But is that any way to run a government?

Using the powers of office for political favors or punishment is something that has a long history in our democracy, but not the kind of history most people are proud of. It’s the leverage that master manipulators like President Lyndon B. Johnson is famous for, or the big-city “bosses” who used patronage to get their not-always-aboveboard way in the bad old days. Back-room politics like this is disdained for the very good reason that it is a very bad way to make public policy.

The Maine Legislature is a part-time job for most of its members, and the state government contracts for services with thousands of potential employers for lawmakers. Taking a job away from Eves – especially after it had been publicly announced – sends a chilling message throughout the State House: Think twice before crossing the governor, because he can make you pay.

This is not only true for this governor, who will only be in office for two more years. Future governors will also be able to use their control over discretionary funds to reward and punish. The state contracts for services with thousands of entities, and many of them may hire current or former legislators. What will fear of a vengeful chief executive do to honest debate or separation of powers?

Since the courts won’t bail Maine out, legislators should. Laws that take discretion over dispersing funds or issuing bonds away from governors like LePage, who will use them for reasons other than those for which they were intended, should be on the agenda in 2017.


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