Protect our Constitution
Vote NO on Susan Carney
Alaskans deserve better than Justice Susan Carney. In decision after decision, Susan Carney has shown she doesn’t respect the law. Neither does she respect the choices of voters who elect men and women to lead Alaska, enact laws, and protect the common good.
Our republican form of government depends on having judges who won’t violate the authority of leaders who are chosen by the people—the legislature and the governor. Otherwise, we no longer have self-government and instead become subjects of a judicial oligarchy.
Justice Carney’s Extreme Record
Susan Carney has been on the Supreme Court for only four years, but she’s already proven herself to be an activist judge who imposes her own personal views, rather than fairly interpreting the law.
Protecting sex offenders, not the public
Susan Carney joined a narrow majority of three justices who ruled that Alaska’s 1994 law creating a public sex offender registry violated the privacy rights of sexual predators. Without any legal authority, the court gave itself the power to exempt any sex offender from the registration requirement after a hearing, provided that the court is convinced “that he no longer poses a risk to the public that justifies continued registration.”
Never mind what the Department of Public Safety thinks, and never mind what the Alaska Legislature intended when crafting this law. Never mind that Alaska has the highest rate of sexual assault of all 50 states. Justice Carney thinks the court knows best if you should be aware of the sexual predator living next door to your family. (John Doe v. Department of Public Safety – 2019).
Forcing taxpayers to provide “free” abortions
Alaska faces recurring annual budget deficits in excess of $1 billion, but Justice Susan Carney thinks that taxpayers should be forced to pay for abortions. In 2014 the legislature enacted a law (SB 49) that limited funding of abortion under Medicaid to only procedures that are medically necessary. Justice Carney wrote the Supreme Court opinion that struck down the law, which now forces the public to pay for abortions that have absolutely no medical justification.
Carney’s decision trampled on the legislature’s constitutional authority to control the appropriation of public funds. Dissenting Justice Craig Stowers expressed it well: “I believe the court today fails to give respect to the legislature’s proper role but instead substitutes its own judgment for that of the legislature.”
Taking away your PFD
When Governor Bill Walker vetoed nearly half of the 2016 Permanent Fund dividend due to Alaskans, a group of current and former legislators filed a lawsuit challenging the legality of the veto. The group included former Senator Clem Tillion, one of the founders of the Permanent Fund.
But Justice Carney (who was appointed by Governor Walker) ratified the governor’s decision to slash the PFD—despite the fact that the dividend amount due to Alaskans is set by a legal formula in law that has never been changed.
“Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment.” -Article IV, Section 6
“Accountability of appointed judges to the people is provided by periodic ‘retention elections’ in which judges stand before the electorate on their own records, without party labels. The question before the voters is simply whether a particular judge should remain in office.” -Alaska’s Constitution: A Citizen’s Guide by Gordon Harrison