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Why Arizona’s Republican Attorney General is not appealing the striking down of AZ’s gay marriage ban.

Why Arizona’s Republican Attorney General is not appealing the striking down of AZ’s gay marriage ban. October 20, 2014

Republicans like to tout themselves as fiscal conservatives, but this claim becomes hypocritical when you see how eagerly they’ll waste tax-payer money seeking governmental privilege for Christians or fighting lawsuits they’re doomed to lose to rally their voting base.

I’m happy to report that one Republican, Arizona’s Attorney General Tom Horne, seems to take the principle seriously.  He recently explained why he was not going to appeal the 9th Circuit’s decision despite pressure from many denizens of his state to do so:

Lawyers live under a rule called Rule 11, which provides that it is unethical for a lawyer to file a pleading for purposes of delay rather than to achieve a result.

The probability of persuading the 9th circuit to reverse today’s decision is zero. The probability of the United States Supreme Court accepting review of the 9th circuit decision is also zero.

Therefore, the only purpose to be served by filing another appeal would be to waste the taxpayer’s money. That is not a good conservative principle.

All the Republicans on Horne’s case to waste taxpayer money should listen to him.  So should state officials in Alaska.

I may not agree with Horne on a variety of issues, but even in my opponents I can respect character.  Well done, Mr. Horne – not just because your decision achieves the result I want, but because you at least have the integrity to be consistent.  You’re not willing to punish the people you represent in order to earn political capital.


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