www.mozilla.com Weather Central
Voices
Headlines

-3/6/2015, 10:18 AM

Spring forward -3/6/2015, 10:18 AM

-3/6/2015, 10:16 AM

General misconduct -3/5/2015, 10:48 AM

Remembering Washington school -3/5/2015, 10:48 AM

Raping culture -3/5/2015, 10:46 AM

Summer school -3/5/2015, 10:45 AM

Raiding KDOT -3/4/2015, 9:22 AM

Attending the Western Farm Show -3/4/2015, 9:22 AM

Education funding -3/4/2015, 9:22 AM

Tornado awareness -3/4/2015, 9:22 AM

Farmers and property taxes -3/3/2015, 9:51 AM

What's next after Turnaround Day? -3/3/2015, 9:51 AM

Giuliani, once heroic, now simply foolish -3/2/2015, 9:34 AM

Money: The first primary -3/2/2015, 9:33 AM

Kansas' fate is more tragic than comic -3/1/2015, 12:43 PM

Tweeting -- and setting nation's 'chat agenda' -3/1/2015, 12:43 PM

Flying Hays, again -3/1/2015, 12:43 PM

The cancer of multiculturalism -2/27/2015, 9:14 AM

Supreme Court justice selection -2/27/2015, 9:14 AM

Welcome to Hays -2/27/2015, 9:14 AM

Sentencing reforms make us smarter on crime -2/26/2015, 9:23 AM

Presidential candidates -2/26/2015, 9:23 AM

Kochs and unions -2/26/2015, 9:23 AM

A future of guns -2/25/2015, 9:43 AM

Lesser prairie chicken -2/25/2015, 9:42 AM

Radical Islam -2/25/2015, 9:42 AM

Agriculture can do the job -2/25/2015, 9:42 AM

Brownback's first date OK -2/24/2015, 8:59 AM

Institutional racism? -2/24/2015, 8:50 AM

Continuing to march -2/24/2015, 8:50 AM

Going without meat -2/23/2015, 9:55 AM

Toward a transhuman future? -2/23/2015, 9:55 AM

Schools still struggle with religion -2/23/2015, 9:55 AM

Sacking the school finance formula -2/22/2015, 5:45 PM

Beheadings and Bill O'Reilly -2/22/2015, 5:45 PM

-2/20/2015, 10:00 AM

Kansas the Fruitcake State -2/20/2015, 9:59 AM

We know the drill -2/20/2015, 9:59 AM

The credit hour is not dead -2/19/2015, 10:13 AM

Picking judges -2/19/2015, 10:13 AM

No gatekeepers -2/19/2015, 10:12 AM

Drone warfare -2/18/2015, 9:46 AM

Fire remains vital management tool -2/18/2015, 9:46 AM

Moore stands on the wrong side of history -2/18/2015, 9:46 AM

School board elections -2/17/2015, 10:27 AM

Supporting Washington -2/17/2015, 10:27 AM

Saving Washington -2/17/2015, 10:26 AM

Free tuition -2/17/2015, 10:26 AM

Gov. Brownback outlines education allotments -2/16/2015, 9:22 AM

The new 'normal' family? -2/16/2015, 9:22 AM

What's best for education -2/16/2015, 9:22 AM

Tourism sparks Kansas economy -2/16/2015, 9:22 AM

Worry about what's important -2/15/2015, 4:15 PM

You can't make this up, and, well, you shouldn't -2/15/2015, 4:15 PM

Unequal Kansas -2/15/2015, 4:15 PM

Fairness and justice -2/13/2015, 9:44 AM

Overcriminalization of America -2/13/2015, 12:50 PM

Reconsider repurposing -2/12/2015, 9:45 AM

Secretary of fraud -2/12/2015, 9:45 AM

Spontaneous order -2/12/2015, 9:45 AM

Elementary 'efficiencies' -2/12/2015, 9:45 AM

Gift of gab? -2/11/2015, 10:04 AM

Gambling with KPERS -2/11/2015, 9:55 AM

Out of jail, but not yet free -2/11/2015, 9:54 AM

No eggs for breakfast? -2/11/2015, 9:54 AM

Consequences of your vaccination decision -2/10/2015, 9:11 AM

What's in a name -2/10/2015, 9:11 AM

Measles outbreak -2/10/2015, 9:11 AM

Mental disability is not a fad -2/9/2015, 9:12 AM

New genes: angels or demons? -2/9/2015, 9:12 AM

'Can't anybody play this game?' -2/8/2015, 4:43 PM

Vaccines, science and the limits of freedom -2/8/2015, 4:43 PM

Tourney moving -2/8/2015, 6:34 PM

Tragic school stories -2/6/2015, 10:02 AM

Social Darwinist 'Christianity' -- Chapter 4 -2/6/2015, 10:02 AM

Fiscal insanity -2/5/2015, 9:45 AM

Parasites all around -2/5/2015, 9:45 AM

Bigger dictionaries -2/5/2015, 9:45 AM

Something obscene about civil asset forfeitures -2/4/2015, 10:05 AM

Feeding children -2/4/2015, 10:05 AM

Stop fowl play -2/4/2015, 10:04 AM

The 'Kansas Experiment' -2/3/2015, 9:48 AM

Free college -2/3/2015, 9:48 AM

Gun rights -2/3/2015, 9:48 AM

Clearly, it's still a mess -2/3/2015, 9:48 AM

Public business -2/3/2015, 9:48 AM

The governor's budget -2/2/2015, 9:14 AM

Committee hearings ongoing -2/2/2015, 9:13 AM

Pontiff wrong on freedom of expression -2/2/2015, 9:12 AM

Indiana's 'JustIn' thankfully on the way out -2/2/2015, 9:12 AM

Coming home in an unexpected manner -2/1/2015, 2:17 PM

The myth of the monolith -2/1/2015, 2:17 PM

Gifted students -2/1/2015, 2:17 PM

Defense against demagogues -1/30/2015, 9:44 AM

Kansas is at risk -1/30/2015, 9:44 AM

Football injuries -1/30/2015, 9:44 AM

A note on primitivism -1/29/2015, 9:55 AM

Owning ideas -1/29/2015, 9:55 AM

There's more -1/29/2015, 9:55 AM

myTown Calendar

SPOTLIGHT
[var top_story_head]

Defending bad laws

Published on -5/1/2013, 9:45 AM

Printer-friendly version
E-Mail This Story

The Kansas Attorney General's Office is not immune from the expense-reduction mania sweeping through Topeka. Between 2012 and this year, Derek Schmidt oversaw an almost 8 percent decrease in spending.

The AG did add 10 employees and an extra $1.07 million to the office payroll, but reduced outside contractor services by more than $1.5 million. The strategy makes sense, as employees generally are easier to manage. Gov. Sam Brownback recognized the effectiveness, and his budget proposal for the next two years follows the same path.

But last week, Schmidt appeared to reverse course. He requested an extra $1.2 million to cover the expected costs of defending controversial and potentially unconstitutional laws passed by the Legislature and approved by the governor. The AG finds himself in the difficult position of being required to defend all state laws, even if they appear on their face destined to fail judicial review.

The most expensive piece of legislation Schmidt predicts will be the new anti-abortion law. Conservative forces pushed through one of the nation's most restrictive by declaring life begins at fertilization. Not only did abortion providers lose their ability to take advantage of tax breaks most every other business and individual is able to utilize, they also lost access to public schools to either discuss birth control measures or even to provide such materials. As the governor is not yet able to control all judicial appointments and load the benches with like-minded conservatives, this new law is likely to at least be partially blocked from taking effect.

Schmidt anticipates his office will need to dedicate at least $500,000 for this measure alone.

Other new laws might not be as expensive to defend, but appear to be losing causes. Nonetheless, Schmidt will need to dedicate tax dollars arguing on behalf of them.

The pro-gun legislation pushed through, which declares the federal government has no power to regulate Kansas-made firearms and ammunition, is expected to cost $225,000 in potential legal costs. Another $250,000 will be needed to deal with the mandatory drug-testing of public assistance recipients. Still another $250,000 has been requested to defend a law that prohibits public employee unions from using the automatic payroll deductions that is used for political activities.

Some legislators correctly have noted that lawsuits can be filed in an attempt to prevent any law from taking effect. And we agree with the position that the threat of a legal challenge should never be justification not to pass good legislation.

But run-of-the-mill challenges and frivolous lawsuits are easy enough to handle with the AG's competent staff. When the state's top law enforcement official recognizes legitimate challenges that require ramping back up the same contract attorneys that were eliminated with the recent budget cuts, lawmakers should take notice.

Attorney General Schmidt will never come out and say the overreaching laws will not pass constitutional muster. But his pre-emptive budget increases appear to indicate that's precisely what he believes.

Editorial by Patrick Lowry

plowry@dailynews.net

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos