The American Civil Liberties Union sued the state and the Arizona Board of Regents on behalf of University of Arizona Professor Russell Toomey (photo) because Toomey is transgender and was denied insurance coverage for surgery because former Gov. Doug Ducey issued an executive order banning state health coverage for those specific surgeries.|| University of Arizona
Camryn Sanchez
Arizona Capitol Times
On Aug. 1, legislative leaders filed an emergency motion in federal court to defend a law Republicans passed last year – one of many moves they’ve made in ongoing court cases this year.
Senate President Warren Petersen, R-Gilbert, and House Speaker Ben Toma, R-Peoria, are now intervenors in three court cases. They’re also filed several amicus curiae briefs on behalf of the Legislature.
“The legislature has a statutory right to be heard in many such matters, which often concern laws we have previously made or legislation which is under consideration,” Rep. Alexander Kolodin, R-Scottsdale, said in a text.
As intervenors, Petersen and Toma are parties and have certain rights like the right to appeal. Amici don’t have power but can give their opinions and offer information to the court.
“If you’re allowed to participate as a party, you’re before the court live action as opposed to simply filing brief, and that that is much more significant,” former Attorney General Terry Goddard said.
In the past, legislative leaders would occasionally file briefs and intervene in cases, but there were some differences.
First, lawmakers in the past haven’t been active in federal court cases as Petersen and Toma now are.
Attorney and former Senate President Steve Yarbrough said he did a few interventions when he was a legislative leader, but that it could be more common with the current attorney general coming from a different party. As for the legal actions, he said the involvement of legislative leaders probably does affect the outcome of some cases.
It depends on the nature of the brief or other legal action. Whether it’s effective at all depends on who you ask.
“While Petersen and Toma may be pumped up by their own sense of self-importance, the Arizona judiciary will continue to follow the law and not be swayed by political considerations,” attorney Tom Ryan said.
A rule change Republicans approved at the beginning of this legislative session gave Petersen the power to “bring or assert in any forum” on behalf of the entire Senate and Toma on behalf of the entire House in court cases.
