Bender featured in report on possible 'blacklisting' at Ariz. legislature

Paul Bender, Professor of Law and Dean Emeritus, was quoted in a March 14 KNXV-Channel 15 article entitled, “Controversy regarding Capitol ‘blacklist’ continues,” by reporter Christina Boomer.

The article discussed a possible list of six individuals who have been banned from the state legislature. The list was formed in response to a February Appropriations Committee meeting that was disrupted by the large crowd.

The Department of Public Safety (DPS) contends that Senate President Russell Pearce approached DPS and requested that the disrupters be identified and denied further entrance into the Senate building. However, Pearce maintains that, while as Senate President he is in control of the building, it was DPS that recommended identifying the disrupters.

While it is still unclear who formed the list, Bender explained that Senate rules do give Pearce control over the building, but that there are limits to that power.

Banning somebody from the building for a long period of time, I think, is extremely questionable,” Bender said. “If he acts because of a disagreement in politics or because of race or ethnicity, that would clearly be unconstitutional.”

To read the entire article, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.

Staci McCabe, Staci.McCabe@asu.edu
(480) 965-8702
Sandra Day O’Connor College of Law