Will Abortion Case Determine Lynch's Decision on AG Appointment?

Several newspapers speculated last week that Ayotte's decision to contest adverse rulings on the parental notification law in the US District and 1st Circuit courts that resulted in the US Supreme Court's acceptance of Ayotte v. Planned Parenthood of Northern New England it could be a factor in whether she is reappointed by Governor Lynch, who opposes the law.

Following the announcement that the high court had agreed to take the case, Lynch's spokesperson told reporters: "Gov. Lynch disagrees with the policy and with the decision to use state resources to appeal a bad law that two federal courts have already found unconstitutional."

But in its role as lawyer for the legislature, the Attorney General's Office went ahead with the defense of the law, which had been found unconstitutional in rulings by the U.S. District and First Circuit courts. (Petitions filed by the Attorney General, an amicus brief filed on behalf of a group of current and former legislators supporting the law, and the ACLU's brief opposing the law, are posted at www.nhbar.org.)

While not expressing dissatisfaction with Ayotte, Lynch declined to reappoint Ayotte when the term she was filling on March 31, saying he would conduct a screening process and would look at a small group of nominees before deciding on his choice for attorney general, an appointment that carries a six-year term.

In an interview with the Union Leader last week, Ayotte said her decision to go ahead with the appeal was based on her responsibility to represent the Legislature, one of her "clients" as Attorney General. "It is my duty to uphold the law, provided there is a good-faith legal basis to do so," she said.

"The people elected the Legislature and governor to make the law, and it is my duty to uphold the law," she added.

In the Bar News interview, Ayotte cited one of her celebrated predecessors as Attorney General, Tom Rath, saying the independent role of the Attorney General is to serve as "an honest broker" providing judgment calls on the law to the various -and sometimes clashing-arms of state government.

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