Four Former Arizona AG’s File Amicus Brief Urging AZ Supreme Court to Overturn McFate

Phoenix, AZ (STL.News) On Friday, November 8, former Arizona Attorneys General Jack LaSota, Bob Corbin, Terry Goddard, and Tom Horne filed an amicus brief with the Arizona Supreme Court in support of Arizona Attorney General Mark Brnovich’s petition to the court seeking the overturning of the McFate decision.  The four former attorneys general provide information and a unique perspective to the issue the McFate case presents: should the Attorney General have standing to bring a constitutional claim against the Arizona Board of Regents, a constitutionally-created state agency?

Between the four, amici curiae served as Arizona Attorneys General for a combined twenty-six years, which experience informs their views upon the issues presented in this matter and places them in a uniquely situated position to assist this Court by offering their perspective on the issues.

In their brief, the attorneys general request that the Arizona Supreme Court grant the Petition for Review and reverse the Court of Appeals’ decision upholding the trial court’s dismissal for lack of standing.  In doing so, the Court should overrule McFate and hold that A.R.S. § 41-193(A)(2) grants the Attorney General, as Arizona’s chief legal officer, the authority to initiate lawsuits when deemed necessary to address matters of State concern and to protect the public interest.

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