Simply because she doesn’t like it, Attorney General Kathleen Kane announced she’s refusing to defend the preemption law that passed the Pennsylvania General Assembly earlier this year. The law is being challenged with a lawsuit by a senator who didn’t support it.
While Kane’s office pretends that it’s no big deal to kick it over the Governor’s office to defend, she does so knowing that the legal team will change next year. Governor-elect Tom Wolf isn’t willing to say he’ll defend it, merely that his team will review it only after they take office. In other words, don’t expect anything from him.
In regards to both offices, these elections were largely lost because many voters value Penn State football over their gun rights. I guess those voters didn’t learn the first time that elections have consequences, and now we’re all going to suffer for it.
The only possible good news is that it may take a while for this to get any kind of court date. Until it is actually thrown out, it’s still the law. Because of that, as the article notes, attorneys representing municipalities with gun control ordinances on the books are still encouraging them to repeal quickly. Since Pennsylvania doesn’t seem to be much of a priority for the big bucks of gun control these days, maybe the cities won’t bring them back.
Will the PA courts allow a third party/amici to defend the law if the executive branch declines to do so?
Whatever happened to “faithfully execute the law”?
If that phrase is in the PA constitution that defines the duties of her office, then it sounds like impeachment is in order.
This is nothing new, Attorney General have been doing it for some time. Most famously, Holder refused to defend the VCDL backed NPS regulation against Brady, etc.
Now, that said, the next time your legislators tell you ‘well, Mr. So and So, I’ve just spoken with the NRA and they are telling me that they only support bill 123’ you need to correct the legislator and the NRA state affiliate. There’s always horse trading in general assembly sessions but sometimes the trading is essentially a “giveaway†by our side.
That’s what PA suffered this year.
In the age of Obama, laws need only be followed/enforced if they are in step with the agenda of the party in power.
i.e. you can destroy a young man’s life by prosecuting for murder in a clear self defense case, and refuse to follow or defend other laws (which I as an individual may or may not agree with) such as the DOMA or the entire body of immigration law.
We no longer elect representatives and executives, we elect rulers.
All that has to happen is for someone with standing to show up and move for a summary dismissal.
This suit doesn’t have a prayer on the merits. The state has the authority to preempt EVERYTHING if it wants to.
Instead of passing a law that allows the NRA to punish cities that violate the PA constitution the legislature should’ve had the balls to do their duty and penalize cities like Philly by cutting off all State funding until they comply. Those cities can’t support themselves on the revenue they generate, they need additional money taken from rural and suburban taxpayers across the State.