The following is the opinion and analysis of the writer:
The stealth actions in the waning hours of the Legislature to prevent the following of sound science to protect our children from COVID-19 were unconstitutional and a judge’s ruling struck them down.
I applaud this action of Maricopa County Superior Court Judge Kathleen Cooper, an appointee of former Republican Governor Jan Brewer, as it nullifies ill-conceived and very-damaging laws and it puts the Legislature on notice that it no longer can flout the Arizona Constitution.
As a Pima County Supervisor, I have supported the opinions of the county’s Health Department experts and of the federal Centers for Disease Control and Prevention to require that students going back to in-persons classes wear masks. We have been striving to increase COVID-19 vaccinations in every way possible.
As Tucson Unified School District Governing Board President, I supported the Board’s mandate that students going to in-person classes wear masks to protect our children, and their teachers, support staff and everyone’s families. We did this despite the now-unconstitutional ban on this measure.
Judge Cooper’s ruling relieves us from having to defend our common sense and scientifically sound action in legal proceedings. Medical experts around the globe agree that the use of masks is effective in preventing the spread of diseases such as COVID-19.
As an elected official on two governing bodies, I have a duty in both roles to protect the public health and safety of my constituents, and to base actions to do so on the best medical and scientific advice extant. We cannot let unsound partisan extremism endanger public health and safety.
The judge’s ruling goes further to benefit Arizonans. It struck down as unconstitutional provisions to prohibit the state’s public universities from requiring students, faculty or support staff members to be vaccinated against COVID-19, and to bar the full discussion of issues concerning race, ethnicity and sexual identification in schools – “critical race theory,” and related matters.
Judge Cooper also struck down provisions to discourage voter registration and voting, to shift some of the Secretary of State’s election authority to the Attorney General, to set standards for election ballot paper, to amend dog- and horse-racing regulation, to create various funds separate from the budget, and to create a new state permitting agency for major construction projects.
At issue in the judge’s ruling is Article IV, Part 2, Section 13, of the Arizona Constitution. It states that every measure the Legislature considers must “embrace but one subject and matters properly connected therewith” and that the subject must be in the measure’s title.
The Legislature instead tacked all these unrelated provisions onto budget reconciliation bills with only budget reconciliation titles. It did so in the waning days and hours of the 2021 session without benefit of public hearings or public consideration.
Many of these struck-down provisions were in measures considered earlier in the session, but were so unpopular there were insufficient votes to approve them. Extremist legislators demanded them in exchange for their votes on the state budget. Judge Cooper herself said, “This is classic logrolling.”
This apparently has become common practice at the Legislature in recent years. This is not good governing and, for good reason, it clearly violates the Arizona Constitution. It is my sincere hope that the Judge Cooper’s ruling is the first step toward ending this undemocratic shenanigan.
Governor Doug Ducey and Attorney General Mark Brnovitch have already filed an appeal to Judge Cooper’s ruling. This is wrong-minded and a waste of taxpayer money on litigation that has little or no chance of success. Our community needs to continue to monitor this case through appeal.
Judge Cooper has provided Arizonans with justice, and with exemplary application of the Arizona Constitution. She deserves kudos.
