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Her job duties include exercising discretion on which laws her office should spend resources on defending.
If she wants to decide what laws are worthy of defending she should have ran for an office where she gets a say in enacting or getting rid of them. She wasn't elected to decide what the law is.
This is ridiculous. The AG should uphold every law regardless of what the law is. This selective enforcement such as with immigration is wrong and has to stop. What other laws can we choose to ignore on a whim?
There is some principle in the statement you make -- the AG defends the State and its laws. However, the AG also isn't a robot; that person is also charged with making judgments. How much taxpayer money do you want an AG to waste defending laws that are clearly unconstitutional and/or that obviously won't hold up in court?
There is some principle in the statement you make -- the AG defends the State and its laws. However, the AG also isn't a robot; that person is also charged with making judgments. How much taxpayer money do you want an AG to waste defending laws that are clearly unconstitutional and/or that obviously won't hold up in court?
(3) It shall be the duty of the Attorney General to
uphold and defend the constitutionality of all statutes so
as to prevent their suspension or abrogation in the absence
of a controlling decision by a court of competent
jurisdiction.
(3) It shall be the duty of the Attorney General to
uphold and defend the constitutionality of all statutes so
as to prevent their suspension or abrogation in the absence
of a controlling decision by a court of competent
jurisdiction.
As we have seen, gay marriage bans are unconstitutional.
Didn't Scalia or one of the other troglodytes on the SCOTUS raise this issue during the DOMA arguments? I seem to remember one of them questioning whether an AG (in that case it was Holder) has the obligation to defend any and all laws.
I have no idea what the statistics are, but I'm guessing it happens all the time on less controversial laws. And I'm willing to bet that Republican AGs do the same damn thing.
(3) It shall be the duty of the Attorney General to
uphold and defend the constitutionality of all statutes so
as to prevent their suspension or abrogation in the absence
of a controlling decision by a court of competent
jurisdiction.
As we have seen, gay marriage bans are unconstitutional.
I didn't miss anything, it's her job to defend the State. It's the courts job to determine the constitutionality.
This is ridiculous. The AG should uphold every law regardless of what the law is. This selective enforcement such as with immigration is wrong and has to stop. What other laws can we choose to ignore on a whim?
Do we need to go through the difference between defending and upholding again?
She views the law as unconstitutional. There are legal theories (particularly related to the President) on whether one is required to defend a law they believe is unconstitutional.
Her job duties include exercising discretion on which laws her office should spend resources on defending. The voters of PA can elect someone else if they disagree.
Based on what she personally wants (per her statement). So nice to see separation of powers is based on whim.
Any guesses what the hourly rate for bigotry defense is these days?
Much cheaper in the long run then allowing rogue politicians to pick what laws they think are worth following.
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