Howard Fischer/Capitol Media Services

Mark Brnovich

Attorney General Mark Brnovich filed legal briefs with the Arizona Supreme Court to challenge the position to rule on budget legislation.

Brnovich argued a mask ban written into this year’s budget bill is a political question beyond the reach of judges. 

But if his argument’s don’t stick, his alternate position is this: Let the potentially illegal provisions take effect this year, but warn lawmakers not to do it again.

Brnovich argues the Legislature will change its practices accordingly. 

Some of those provisions would have taken effect in September if they weren’t blocked by a Maricopa County Superior Court judge. They were blocked because they were lumped into budget bills in violation of the single-subject rule.

The Arizona Constitution states every act shall cover one subject and matters properly connected to it.