In a historic action, Alaska lawmakers rejected Stephen Cox as the state’s new attorney general by a 29-31 vote that saw Cox become just the second cabinet appointment in state history to fail confirmation.
Thirty-one votes were needed for confirmation as the 40-person state House and 20-person state Senate met jointly Thursday, May 14, to vote on 75 nominations for state boards, commissions and the governor’s cabinet.
Speaking in the Capitol on May 14, opponents said they viewed Cox as a Republican ideologue who favored party-supported policies at the expense of Alaskans. In particular, opponents pointed to his support for a lawsuit that could end birthright citizenship and his failure to support the state’s absentee voting program.
The Legislature’s rejection is likely to have limited long-term effects. Immediately after the vote, Gov. Mike Dunleavy announced he had named Cox as “Counsel to the Governor,” a job he will fill immediately.
Rep. Andrew Gray, D-Anchorage and chair of the House Judiciary Committee, opposed Cox as attorney general but supports the new role.
“I think it makes perfect sense,” Gray said. “I think that’s actually a perfect fit. I think Stephen Cox would make an excellent attorney to the governor because they have a lot of alignment and similar priorities.”
The new position was created specifically for Cox.
Dunleavy named Deputy Attorney General Cori Mills as the acting head of the Department of Law. The governor may designate a permanent replacement who can serve until Dunleavy’s term ends in December.
The governor’s other cabinet appointees, including officials in charge of natural resources, the environment and the revenue department, received wide support and were confirmed by near-unanimous votes.
Legislators have not rejected a cabinet appointment since 2009, when the Legislature failed to confirm then-Gov. Sarah Palin’s choice of Wayne Anthony Ross to become attorney general.
Speaking Thursday, Gray criticized Cox’s decision to hire an out-of-state attorney with no experience in Alaska as the state’s first solicitor general. Following that hire, Cox led the Department of Law in joining Alaska in more than 100 friend-of-the-court briefs on national cases. In some of those cases, Gray said, the briefs were contrary to Alaska law and Alaskans’ interests.
Sen. Lӧki Tobin, D-Anchorage, was particularly critical of Cox’s signature on a letter supporting President Donald Trump’s attempt to eliminate birthright citizenship in the United States.
“That stance threatens my rights. It threatens your rights,” she said, speaking in the joint session.
Rep. Kevin McCabe, R-Big Lake, appeared to offer a rebuttal to that argument, noting that in general, “attorneys are mercenaries.”
He added, “I suspect that a lot of what we are talking about here is not some rogue attorney general off on his own. … He’s doing a certain number of things that his boss is telling him to do.”
Legislators rejected only two other appointments.
Hannah Mielke was turned down for a public seat on the Alaska State Medical Board. Mielke is an 18-year-old who graduated from high school last year and currently works as an office assistant for Dunleavy.
Opponents said she was unqualified to supervise the state’s doctors and medical professionals. Supporters noted she would be the only female member of the board and significantly younger than other members.
Rep. Sarah Vance, R-Homer, said a large number of young women are skeptical of the medical industry, and Mielke’s perspective could be useful.
Mielke’s nomination failed 13-47.
Lawmakers also turned down Crystal Herring for a seat on the State Board of Professional Counselors. Tobin, speaking in opposition, said her appointment may not follow state law, which requires the appointment go to someone involved in mental health treatment. Herring provides transportation, not treatment, Tobin said.
Her nomination was rejected 28-32.
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