By Howard Fischer, Capitol Media Services | Arizona Capitol Times
The state Court of Appeals won’t let Attorney General Mark Brnovich sue the university system over what he claims are unconstitutionally high tuition hikes.
In a ruling Tuesday, the three-judge panel said the Arizona Supreme Court has interpreted a state law to say that attorneys general can sue only when they have specific legal authority or have been given the go-ahead by the governor.
In this case, appellate Judge James Morse Jr., writing for the panel, said there is nothing in statute giving Brnovich such a right. And Gov. Doug Ducey, who has been openly hostile to the legal challenge over tuition, has not agreed to let the lawsuit go forward.
But Tuesday’s ruling is unlikely to be the last word, with Brnovich expected to ask the Supreme Court to review its 1960 decision limiting his authority.
He actually appears to have allies in that effort.