Both AG hopefuls have politics in mind
The notion that Arizona Attorney General Mark Brnovich or his Democratic rival, January Contreras, would completely set aside politics is absurd.
The state’s top lawyer should, ideally, just interpret and enforce the law. But this is Arizona, in the midst of a divisive era, so this position is hyperpartisan.
What Brnovich has going for him is that on occasions, he has gone after Republican-backed issues with the same intensity as any other legal fight he has undertaken That is notable.
The question is whether Contreras would have the same tenacity to go after Democratic-backed issues should she assume office.
It’s clear she’s challenging Brnovich precisely because she and her supporters believe he’s a Republican doing Republicans’ work. By that logic, she would be doing the Democrats’ work if she’s elected on Nov. 6.
That leaves little or no room for anyone who sits between partisan politics, and that’s most unfortunate for Arizona’s sake.
Arizona’s 1.2 million registered independents have some homework to do before making their ballot choices.
Brnovich has successfully defended the liberal-backed, 2016 voter-approved Proposition 206, the initiative raising the state’s minimum wage, and rendered a legal opinion that Phoenix’s policies on how to handle immigration matters don’t violate state law.
He showed courage to go after the almost sacrosanct Board of Regents, the group overseeing Arizona’s three public universities, over what he views is a violation of the state constitutional mandate of keeping in-state tuition as nearly as free as possible. Brnovich lost on the first attempt but said he would appeal the court’s ruling that he didn’t have standing to sue.
Most disappointing has been Brnovich’s stances toward undocumented immigrants, defending the state law to deny in-state tuition and driver’s license to “dreamers” — the young immigrants protected under an Obama-era executive order.
The attorney general argues that his job is to defend enacted laws, period. That principle is laudable in theory, but Brnovich has also weakened that notion by some of his other decisions.
Case in point: He chose to join the Republican attorneys general in efforts to repeal parts of the so-called “Obamacare” health law. He didn’t have to join the highly partisan brawl if he truly believes in enforcing “the law as it is, not as you want it to be.”
This is where January Contreras, who in 2013 founded a non-profit legal center to help survivors of sex and labor trafficking, enters the picture. She’s clearly qualified for the job. She was an Arizona assistant attorney general and an aide to Gov. Janet Napolitano.
Contreras has drawn national attention as a Latina aspiring for a high-profile office in a state where Republicans control every branch of government. Heavyweights like former President Barack Obama and former Vice President Joe Biden are going to bat for her. During an interview with The Republic Editorial Board, Contreras balked at the notion that her approach to the job would be partisan — a top reason she cites for the need of ridding Brnovich.
But here is the thing: Her chief criticism of Brnovich is his involvement in the Obamacare repeal effort, which would hurt those with pre-existing conditions, and his stance on immigrants. She also points to Brnovich’s silence on the Democratic fight to end the separation of migrant families taken into custody at the U.S.-Mexico border.
I happen to agree with Contreras’ stance on those issues. But let’s not kid ourselves that she won’t be partisan.
Contreras is attempting to accomplish what seems an impossibility: Inspire Democrats in general and Latinos specifically in Republican-controlled Arizona. She’s sending a message that loosening the GOP grip on state politics takes guts and tenacity. And that must count for something.
What should independents or undecided voters to do? Brnovich has proven that he isn’t afraid go after his own party. But if you want a Democratic champion, then the choice is clear.