The United States Supreme Court issued a decision in late June, 2017 that established that the Attorney General’s position on Senate Bill 193 was erroneous. I blogged about the decision on June 27th, more particularly about how it affected the “Croydon” bill (Senate Bill 8). More recently (November 25th), I explained how the decision affected Senate Bill 193:
It is very disturbing that it took the Attorney General six months from the time that the United States Supreme Court issued the Trinity Lutheran decision to correct the erroneous legal advice that he gave the legislature back in April.
Second, why are some House Republicans outsourcing their duty to uphold the State and federal constitutions to the executive branch? Stated slightly differently, if the Attorney General hadn’t at the proverbial eleventh hour reversed his constitutional thumbs-down on Senate Bill 193 would House Republicans have voted against the bill notwithstanding the Trinity Lutheran decision?
Third, when is the Attorney General going to advise the legislature and affected school districts that the Trinity Lutheran decision renders the Croydon bill, Senate Bill 8, unconstitutional to the extent that it discriminates against religious schools:
In May of this year, Joe Foster’s term as Attorney General will end and Governor Chris Sununu will be able to nominate a successor. Here are some questions that Sununu should ask anyone he is considering.
1. Beginning no later than Phil McLaughlin, who was appointed Attorney General in 1997 by then Governor and now United States Senator Jeanne Shaheen, Attorney Generals in New Hampshire have claimed the power to not defend legislation that they deem unconstitutional. A recent example is Joe Foster refusing to defend an education funding law. Do you believe the Attorney General has such a power?
On Tuesday of this week, the Executive Council held a hearing on Governor Sununu’s nomination of Frank Edelblut to be Commissioner of the State Department of Education. A vote was supposed to follow at the Council’s meeting on Wednesday. It didn’t.
Democratic Councilor Andru Volinsky asserted that the vote would not be legally binding because State law requires as a prerequisite to the appointment of a Commissioner that the Governor consult with the entire State Board of Education, but Sununu had only talked to the Board’s Chairman.
Attorney General Joseph Foster, a Democrat, agreed with Volinsky’s interpretation.
Sununu responded by asking the Council to delay the vote to give him time to consult with the seven members of the Board of Education.
There is no mention of religion in the Executive Order. Rather, entry by the nationals of seven countries identified by the Obama administration as hotbeds of terrorism -Syria, Iraq, Iran, Sudan, Libya, Somalia, and Yemen- is suspended for 90 days, to allow the development of heightened vetting procedures.
The affected nations are Muslim-majority countries, but other Muslim-majority countries -Egypt, Saudi Arabia, Indonesia, for example- are not on the list. Moreover, the Executive Order applies equally to non-Muslims.
At the beginning of the week, the New Hampshire Attorney General, Joe Foster, humiliated GOP Statehouse leadership by announcing that he would not defend an education funding law passed by the Legislature: Continue reading →
Yesterday, the New Hampshire Attorney General humiliated GOP legislative leadership by announcing that he would not defend an education funding law passed by the Legislature because he feels it is unconstitutional: Continue reading →
The United States Supreme Court (SCOTUS) hears arguments on Wednesday (March 4) in King v. Burwell, a case that will decide whether it is legal for the Obama administration to allow Obamacare tax credits in States that did not set up state exchanges, but instead opted for federal exchanges. I previously post about the case here, here and here.
The New Hampshire Attorney General, on behalf of the State of New Hampshire, has joined a brief supporting the Obama administration. Here’s a link to a post on National Review Online regarding the amicus briefs (55 in all), which will allow you to access the brief joined by Mr. Foster.
I think it is highly likely that Mr. Foster has directly or indirectly been in communication with Speaker Jasper and Senate President Morse about what to do in response to a SCOTUS decision ruling that Obamacare subsidies are only available in States with state exchanges. If such a discussion or discussions have taken place, which I consider likely, then I am sure that the discussion included setting up a state exchange in New Hampshire.
My sense and fear is that Speaker Jasper, who is no small government conservative, would be receptive to such a plan.