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Tuesday, April 16, 2024 | Back issues
Courthouse News Service Courthouse News Service

Pennsylvania AG race heats up in final primary push

Pennsylvania's top prosecutor role has in recent years served as a stepping stone to governorship — but the state's seven AG hopefuls have to get through elections first.

(CN) — Pennsylvania’s April 23 down-ballot primary race for attorney general has grown highly competitive, as five Democratic and two Republican candidates fight for a chance at becoming the state’s top prosecutor.

In Pennsylvania, attorneys general have frequently used the position as a springboard to the state’s governorship: Two of Pennsylvania's last three governors were attorneys general first.

Michael Berkman, a political science professor at Penn State University, explained how candidates may leverage their campaigns to gain a political foothold in the Keystone State.

"You want to put yourself in front of a statewide constituency — you want to show how you can do outside of your more narrow district," Berkman told Courthouse News. "It puts you in touch with funders around the state, and it puts you in touch with party officials around the state."

The position's influence beyond state borders has also increased during the 21st century. With national politics growing more divided, attorneys general have ramped up attacks against federal policies enacted by presidents.

"Even though their jurisdiction is their states, they often act together in unison to bring suits to say that, 'Hey, the federal government's overextending its powers,' and try to get the courts to intervene," said Chris Borick, a political science professor at Muhlenberg College.

"We've clearly seen attorneys general, not only in Pennsylvania, but broadly, play much more aggressive roles in pushing the federal government to act in ways that align with their interests."

Even when attorneys general lose their cases against the federal government — which they usually do — simply suing in the first place can often limit a president’s ability to quickly implement their executive actions.

For example, on three separate occasions, President Donald Trumps’ efforts to implement a “travel ban” limiting refugee admissions from several Muslim-majority countries was challenged by Democratic state attorneys general. In each case, a federal judge issued a nationwide temporary restraining order forbidding full enforcement of the travel ban for the duration of the legal challenge.

While the U.S. Supreme Court ultimately allowed enforcement of the travel ban, the lawsuits heavily restricted its implementation for more than 16 months, allowing refugees from targeted countries to enter the U.S. during that time. 

In Pennsylvania's Democratic primary, five candidates hope to take on the role of top prosecutor, enforcing commonwealth law and serving as a growing check on the president's powers.

Keir Bradford-Grey previously served as chief public defender in Philadelphia and Montgomery county, and currently works as a litigator at Montgomery, McCracken, Walker & Rhoads LLP. If elected, she would be the state's first Black attorney general, as well as its first attorney general with a background primarily in public defense.

Eugene DePasquale is a former state representative and former Pennsylvania auditor general, the state's top watchdog and investigator. As auditor general, DePasquale successfully identified over $100 million in misspent funds and publicized that the state's child abuse reporting hotline failed to answer 58,000 calls over a 30-month period.

Joe Khan, a public sector attorney at Curtin & Heefner LLP, formerly served as Bucks County solicitor, during which time he defended the county's 2020 electoral ballots against Donald Trump's claims of voter fraud. Khan also entered Bucks County into a national lawsuit against social media giants like Meta and TikTok, arguing they intentionally created an addictive experience that targeted the county's youth and led to a mental health crisis.

Jared Solomon is the current state representative for Pennsylvania's 202nd district in Northeast Philadelphia, and chairs the House Veteran Affairs & Emergency Preparedness Committee in Harrisburg. Solomon last year introduced legislation that would help Pennsylvania coordinate with neighboring states to prevent investigations of reproductive healthcare services and disclosure of related records. This session, Solomon sponsored a proposal to open primaries to the state.

Finally, Jack Stollsteimer is Delaware County's district attorney, the county's first ever Democrat elected to the position. Stollsteimer has touted his office's crime prevention strategies, including use of a partnership model that connects offenders with job training, school and community-building programs.

The Pennsylvania Democratic Party declined to endorse any of the five candidates after each attorney general hopeful failed to obtain a two-thirds majority vote from the party's committee, highlighting that the nomination is anyone's to win.

"It's hard to see if there's a clear frontrunner in the field because of the crowded field, nobody stands out in terms of name recognition, and you have a number of folks that are pretty competitive in terms of fundraising," Borick said. "So this one is very interesting to look at in terms of its unpredictable nature."

In the Republican race, only two candidates are fighting for their party's nomination.

David Sunday currently serves as York County district attorney. Previously, as special assistant U.S. attorney for the Middle District of Pennsylvania, he oversaw the arrest and prosecution of over 100 members and affiliates of the Latin Kings gang through Operation Sunrise, a multi-jurisdictional effort.

Challenging Sunday is Craig Williams, the state representative for Pennsylvania's 160th District, comprising parts of Chester and Delaware Counties. Williams also worked as a federal prosecutor on the Joint Terrorism Task Force.

The Republican race had also included Katayoun Copeland, but the former assistant U.S. attorney dropped out in January after the Pennsylvania Republican Party's endorsed Sunday.

Williams, in contrast, remained in the race, opting to portray Sunday as a soft-on-crime progressive Democrat in an effort to curry conservative voters' favor. His campaign has even resorted to name-calling; he dubbed his opponent "Stumbling Sunday" after the Delaware County DA tripped over his words in a March 14 debate.

"It certainly presents some of the divisions within contemporary Republican politics in the state," Muhlenberg College professor Borick said.

"You [can see] Trump's style with Williams and his rhetoric use… I think he would like to have people think about Sunday as more of a RINO (Republican in name only), more of an old-school Republican rather than someone that represents the direction and trends within the party, and he's hit him hard for that."

Each party's primary election showdowns, slated for April 23, are likely to set up a hard-fought battle leading to the general election vote on November 5.

"Anybody that says there's a really strong wind at the back of either [party], I think that's an error," Borick said. "I think this should be highly competitive and a very tight path."

Categories / Elections, Government, Politics

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