PA GOP Chairman Statement On Kane’s Refusal To Defend Pennsylvania Law

HARRISBURG — Republican Party of Pennsylvania Chairman Rob Gleason released the following statement regarding Attorney General Kathleen Kane’s refusal to defend Pennsylvania law:

“The people of Pennsylvania elect citizens to carry out constitutional responsibilities based on the tradition that no one is above the law. It is unacceptable for Attorney General Kathleen Kane to put her personal politics ahead of her taxpayer-funded job by abdicating her responsibilities. She is blatantly politicizing the highest law enforcement office in our Commonwealth at the expense of a core responsibility of the Attorney General’s office. Kathleen Kane is failing our citizens and this situation leaves a gaping doubt in her ability to fairly execute her job. Pennsylvanians are left with the question, if the Kathleen Kane’s political beliefs are the standard for law enforcement, what law will she ignore next?”

Attorney General is Required to Defend State Laws

The attorney general is required to defend state laws regardless of personal political views, but Kane could hand over the job of defending the state’s ban on gay marriage to Gov. Tom Corbett’s lawyers, a Harrisburg insider said Wednesday…. The Commonwealth Attorneys Act requires the attorney general to “to uphold and defend the constitutionality of all statutes” passed by the Legislature and signed by the governor unless the state Supreme Court or a federal court has deemed them unconstitutional. (Hall, Peter. AG Kane has decision to make with gay marriage lawsuit. Morning Call. 7/10/2013.)

Attorney Generals can’t “pick and choose which laws they uphold”

Jerry Pappert, a former Pennsylvania attorney general, said the situation highlights the difficulty elected attorney generals in Pennsylvania sometimes face.”The attorney general does not have the ability to pick and choose which laws they uphold,” Pappert said. (Hall, Peter. AG Kane has decision to make with gay marriage lawsuit. Morning Call. 7/10/2013.)