Legislators' demand may cross ine of separation of powers, but law is on their side

Legislature/AG Showdown - Rules are rules


Legislators' demand may cross line of separation of powers, but law is on their side

The Capital-Journal Editorial Board
Published Thursday, March 29, 2007

We assume it's only a coincidence that the issue driving House members toward blurring the constitutional separation of powers is somewhat controversial.

Uh, a lot controversial.

OK, a whole lot controversial.

In fact, most Kansans would agree no issue generates more passion, more fireworks, more vitriol than abortion.

Abortion has been a front-burner topic in Kansas seemingly forever, most recently when it dominated the 2008 campaign for attorney general.

But, of course, abortion isn't driving the House's unusual decision to try to force Attorney General Paul Morrison to revive 30 misdemeanor criminal charges against a Wichita doctor who performs late-term abortions.

The legislators pushing this resolution say they are driven by a fundamental desire to make sure all Kansas rules are enforced.

That this rule focuses on abortion, in general, and Dr. George Tiller, in particular, apparently is, again, coincidental.

So is the fact Morrison unseated Phill Kline, an anti-abortion Republican, in last year's election, but not before a Kline-appointed special prosecutor hurriedly provided Kline the grounds for the criminal charges.

Likewise, Statehouse rallies Tuesday by two anti-abortion groups, Kansans for Life and Operation Rescue, probably had been scheduled weeks in advance and just so happened to occur the very day this constitution challenge to Morrison was unfolding.

We are confident the passion to force Morrison's hand would be equally raw should the subject be something less controversial.

For instance, is Morrison looking the other way when it comes to property crime? We hope it's just a matter of time before the Legislature/judiciary demands he start enforcing the law to quell the rash of home burglaries.

And would anyone pretend we don't need something done about gasoline drive-offs? Where's the AG when we need him cracking down on lawbreakers at the pump?

And why hasn't he put his hired guns, so to speak, to work addressing a law preventing Kansans from shooting those rampaging feral hogs that are menacing homeowners just east of the capital city?

Or gangs? Surely an AG-led task force - with legislative oversight, of course - could make a major dent in gang violence that plagues the state's largest cities.

There are plenty of issues the Legislature could call the attorney general on.

Come to think of it, now that the door has been open, thanks to a little-used Kansas law that allows either the House or Senate to adopt a resolution forcing the attorney general to file a case, they probably will.

We have grave reservations about this overlap of powers. But at least it was done for the right reason - to prove the rule of law isn't dead - rather than for mere political gain.

It was, wasn't it?