Opinions

Dunleavy right to oppose Alaska’s politicized courts

Alaska’s courts made the news again recently when the ADN reported on Alaska Chief Justice Joel Bolger appealing to the Alaska Federation of Natives for help in the courts’ ongoing saga with Gov. Mike Dunleavy.

The ADN quotes Justice Bolger’s speech and a letter Alaska’s Supreme Court sent the Legislature in July claiming both political independence and ultimate authority in constitutional issues.

The idea that Supreme Court justices are the final arbiters of what is or is not constitutional seems logical when stated by the Chief Justice of the Alaska State Supreme Court.

But when you stop to consider that it was elected delegates, not unelected judges, who wrote Alaska’s Constitution and now execute the laws formed under it, it seems that the courts may have elevated themselves a bit too far.

If the courts do indeed have supreme authority over the state and U.S. Constitutions, then why would our elected representatives take an oath to uphold and defend the constitution, rather than the courts’ opinions, decisions and orders?

If the Legislature used its constitutional authority to set up the courts (granted in Article 4) to limit the courts’ jurisdiction or even impeach a judge, would the courts submit to that authority, or impose their own political will, as they have done time and again?

That’s actually a very relevant question, since Chief Justice Bolger has both written and spoken as recently as Oct. 18 on the issue of the courts’ essential independence from political accountability.

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At issue is the subject of abortion, abortion funding and Gov. Dunleavy’s veto of the courts’ budget of $334,700 – the estimated amount the courts ordered the state to pay for 805 abortions in 2018.

The courts responded to that veto with a letter in July, claiming the governor’s veto was an invasion of the courts’ ability to “render independent court decisions based on the rule of law, without regard to the politics of the day.”

While the courts, and now specifically Chief Justice Joel Bolger, claim to operate within the rule of law and independent of the politics of the day, I would submit that the courts have operated outside the rule of law and are deeply entrenched in the politics of the day.

Consider the string of abortion-related court cases from 1997 to 2019, in which the courts effectively amended the constitution and took the Legislature’s authority over privacy rights and appropriations, while blocking the Legislature from exercising those authorities themselves.

It seems the courts want to operate independently of the rule of law, maintain their independence while taking political action, and now, they’re appealing to the Alaska Federation of Natives to come to their aid.

Sadly, the ADN reported that the Alaska Federation of Natives President Julie Kitka said the “AFN stands ready to respond to Bolger’s request.”

Now that Chief Justice Bolger has openly appealed for political independence from the consequences of the courts’ political actions, we now see that he is blatantly enlisting political support from a group that is nearly untouchable from political criticism. If the AFN follows his advice, it will demonstrate a flagrant disregard of its own pro-life and conservative members—and once again prove that they have become a pawn of the power-hungry left.

But the AFN won’t be the courts’ only protector: The court’s appeal for relief from the governor’s abortion focused veto of their administrative budget was answered by the American Civil Liberties Union of Alaska back in July. Led by former judge Sen Tan, the ACLU filed suit against Gov. Dunleavy over his veto of the court’s budget.

And now the independence of the Alaska State Court System will be proven on whether it even takes up the case the ACLU filed on its behalf. Just imagine presiding over a lawsuit where you’re the beneficiary of a victorious suit. The courts’ political independence and operation under the rule of law, or their own blatant hypocrisy, are now at stake in this decision for all Alaskans to see.

Patrick Martin is the director of outreach and development for Alaska Right to Life, a political advocacy organization opposing abortion in Alaska.

The views expressed here are the writer’s and are not necessarily endorsed by the Anchorage Daily News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.

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