Is State Attorney General Independence Desirable?
California’s Example Is state Attorney General independence from Governors a good thing? Governors are not typically elected for their legal — as opposed to policy, managerial or fiscal – prowess. Thus, recognizing latitude on the part of state Attorneys General, who are picked by an informed electorate for their legal experience, may make democratic sense. Certainly such a political/structural explanation seems to explain the instinct in California that the Attorney General’s independence is more understandable than the Controller’s, even though all three officers are elected. Even if state Attorneys General do and should enjoy independence from their Governors, the recent California experience again counsels caution in some respects. As many readers may know, in the most recent phase of the California gay-marriage saga, after the voters of the state reinstated a ban on same-sex marriage, a federal lawsuit was filed last spring challenging the state ban on federal grounds. This feder
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