State Attorney General Robert Cooper has emerged as a secret weapon for Gov. Bill Haslam and state lawmakers seeking to douse some of the fiery legislation put out this year, according to Chas Sisk.
But his legal advice may have put his office in jeopardy. A string of high-profile opinions has shown the political clout the attorney general wields.
Though seldom a focus of public attention, the state’s top lawyer has influenced some of the year’s biggest debates, touching on topics from animal cruelty to Vanderbilt University’s nondiscrimination policy. This was not the first time the attorney general’s legal acumen carried weight. But with Republican clout on the rise, support appears to be growing for legislation that would strip the attorney general’s office of some of its duties or change how he is selected.
Cooper, a Democrat with a studious air and a lawyer’s conciseness, seems unruffled by the possibility….
“This is an issue that’s been discussed for decades,” he said. “I think it really comes down to what sort of an office do you want the attorney general’s office to be — nonpartisan or partisan?”
…Cooper refused, for instance, to add Tennessee to a legal challenge against the Affordable Care Act three years ago, even as polls showed that a large majority of Tennesseans opposed the health care reform law. Cooper argued — correctly, it turned out — that the law was constitutional.
That decision and others like it prompted lawmakers to file seven separate bills this year seeking to change the attorney general’s duties or who decides to fill the office. In April, the state Senate approved one resolution that would give the legislature the power to pick the attorney general.
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…(P)olicy considerations do not come into play, Cooper said. His staff of 173 lawyers simply respond to the questions they are asked by turning to the letter of the law.
“The history and tradition of this office has been that we provide nonpartisan, nonpolitical advice,” Cooper said. “That’s how we run the office. That’s how we are perceived, and I think people value the advice they get from us because of that.”
……After nearly seven years in office, Cooper says he is uncertain whether he will seek reappointment next summer.
“One of the beauties of this not being an elected office is that I don’t have to worry about getting ready for an election campaign, don’t have to be out raising money, doing anything of that sort,” he said. “So, at this point, I’m focused on the job.”