What the race for Pa. attorney general has to do with national politics
The most important statewide race on the April 23 primary ballot in Pennsylvania arguably isn’t for president — or U.S. Senate, for that matter.
President Joe Biden and former President Donald Trump have already secured their parties’ nominations, but Pennsylvanians will be able to choose nominees for another race with national implications when they vote in the primary for state attorney general.
The state’s top prosecutor has wide-ranging powers to represent the state’s interests nationally in civil court in lawsuits against both the federal government and major corporations. The primary will set up a highstakes contest for the fall. Whoever wins in November will be seen as a top contender for governor in future years.
State attorneys general have played an increasingly important role in national politics in recent years. GOP attorneys general have thwarted Biden’s student debt relief plan and other policies, while Democratic attorney generals led the legal fight against Trump during his presidency, including Gov. Josh Shapiro, who was Pennsylvania attorney general at the time.
Here’s a look at some of the powers of the state attorney general — and why it’s an important position with major political impacts for the state.
What does the attorney general do in Pennsylvania?
Pennsylvania’s attorney general is the chief law enforcement officer in the state and is tasked with enforcing the state’s laws and investigating corruption. This can include consumer protections, drug investigations and impaneling grand juries.
However, the role has shifted in recent years, as the nation’s politics have become more polarized. The Pennsylvania attorney general often sues on behalf of the state in federal civil court against federal policies, depending on which party holds the White House.
For example, under Trump, Shapiro joined other Democratic attorneys general in suing the federal government on a wide range of issues, including Trump’s family separation policy for migrant families illegally crossing the U.S.-Mexico border and changes to the U.S. Postal Service that threatened the delivery of mail ballots ahead of the 2020 election.
During Biden’s tenure as president, Republican attorneys general in other states have sued the federal government over a host of policies, including the Biden administration’s stricter environmental regulations and its efforts to roll back Trump’s border policies.
State Rep. Jared Solomon, D-Philadelphia, who is running for attorney general, said that he is the best person to challenge Trump and his supporters in 2025, when the next president will be sworn in for another term.
“Trump’s coming back in 2024,” Solomon said in an interview with The Inquirer’s Editorial Board last week.
“He brings all of his special interests with him. I believe we need an attorney general who has the courage to take on these fights.”
Former Gov. Tom Corbett, a Republican, said he’s seen firsthand how the office of attorney general has become more ideologically focused in recent years.
“It can be a very political office,” said Corbett, who was appointed attorney general for a partial term in the 1990s before being elected to two terms in the 2000s. “That’s what we’re seeing if you look at these cases being brought by AGs across the country, they’ve become more active or proactive in support of their citizens, but also in support of their political philosophies.”
Pennsylvania has only been electing its attorneys general since 1980. Prior to that, the job was appointed by the governor. It’s now seen as one of the most powerful elected positions in the state, and the state attorney general often chooses a few areas of interest they focus on while in office, Corbett added.
For example, Corbett focused on establishing a unit to investigate the dangers posed by predators to children on the internet, just as more people started congregating online.
Shapiro completed a statewide grand jury that found the Roman Catholic Church in Pennsylvania knew its
priests had sexually abused more than 1,000 victims, as well suing opioid manufacturers that are now paying the state more than $1 billion.
Who is running for attorney general in Pennsylvania?
There are five Democrats vying for the open Democratic nomination: Solomon, Delaware County District Attorney Jack Stollsteimer, Philadelphia’s former chief public defender Keir Bradford-Grey, former Auditor General Eugene DePasquale, and former Bucks County Solicitor Joe Khan.
There are also two Republicans on the ballot: York County District Attorney Dave Sunday and state Rep. Craig Williams, R-Delaware. Sunday is the state party’s endorsed candidate.
How candidates say they’d use the office
The Democratic candidates agree that they would want to use the office to take on “big fights” with major industries, while the Republicans both said they want to focus on its law enforcement powers to drive down Pennsylvania’s crime rates.
Sunday promised to use the power of the office to combat fentanyl. “Every state is a border state, and I’m going to tell you right now the No. 1 issue facing Pennsylvanians is the fentanyl epidemic,” Sunday said during a debate last month.
Only two Democrats have
won attorney general since voters started choosing the state’s top lawyer in 1980, with Republicans often successfully casting their opponents as soft on crime.
All of the Democratic candidates said they would use the office to sue gun manufacturers, as part of an effort to hold them responsible for gun violence around the state. Most of them also emphasized times they’ve taken on “big fights” in their previous leadership roles to challenge national interests, whether at the county or state levels.
However, Bradford-Grey, the only candidate who did not note any experience suing major industries or policies due to her background as a chief public defender, said she would be the best person to defend abortion rights in the state, as the only woman in the race.
Both DePasquale and Khan frequently noted that the Pennsylvania constitution includes a right to clean air and water, which they promised to protect if elected by suing corporate polluters.
Stollsteimer, who was endorsed by many of the building trade unions across the state, said he’d continue his work against wage theft and worker misclassification that results in workers not getting paid what they deserve.
Williams, the Delaware County Republican, said he’d use the office to involve local and federal authorities to focus on cases against felons who are illegally in possession of a firearm, in hopes of giving them harsher prison sentences and driving down violent crime.
A springboard to higher office
Insiders have long joked that the National Association of Attorneys General should rename itself the “National Association of Aspiring Governors” for the number of former AGs that use it as a springboard for higher office.
Two of Pennsylvania’s last three governors used their time as AG as a springboard to the governor’s mansion.
Among the statewide row offices, the state attorney general has the most visibility to Pennsylvania residents. This translates to name recognition — the biggest commodity any candidate needs to win the governorship in Pennsylvania.
The attorney general is also a term-limited office, with officials only allowed to serve two four-year terms. Corbett said he hadn’t considered running for governor until he won a second term as AG in 2008, the same year Pennsylvania voted for former President Barack Obama, a Democrat. Shapiro similarly won the state in 2016, when Trump was elected.
“As compared to the auditor general and the treasurer, it is one that can be in the eye of the storm, in the eye of the people more so than the other state row offices,” Corbett added.