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Mark Totten Seeks Attorney General Seat, Speaks Out On Schuette



For Democrat Mark Totten, 40, his bid to replace Republican Bill Schuette, 60, as Michigan's Attorney General is a mission.
"I think Michigan families need an Attorney General who is going to keep them safe and not let politics get in the way," Totten told Between The Lines in a phone interview Oct. 8. He says Schuette, who is seeking re-election to be the people's lawyer, has failed on the core missions of the office – fighting consumer fraud, protecting the environment, assuring transparency in government and respecting the federal Constitution and equal protection for all.
The former Kalamazoo Public Schools board member, and father of one, is a relative neophyte in politics compared to Schuette, who is an old hat. Schuette is a former Congressman, an appeals court judge and now the attorney general. But Schuette, Totten says, is using that office to pursue an extreme agenda.
"At this point, Bill Schuette is using the (same-sex marriage) case to continue an ideological crusade and trying to disguise his actions with the excuse he's defending the Constitution, but it's exactly the opposite," he says in relation to the Republican's appeals of a federal court ruling overturning Michigan's ban on marriage for same-sex couples.
Totten says continuing to fight is undermining the constitutional promise Schuette gave in his oath of office. And he says the writing is on the wall with marriage.
"This case presents a fairly clear example of a situation where the state marriage ban violates the federal Constitution, and consistent with my oath of office, I would be required to uphold the federal Constitution," he says. "At this point in the day, there's really no question. You know, when the Supreme Court decided its key marriage case involving DOMA two years ago, they made it very clear the principles that guided their decision. Those principles apply equally to state marriage bans, as well."
"If you had any question about that, just look at the fact that there have been – with one exception – forty state and federal courts that have decisively rejected Bill Schuette's arguments," Totten continued. "That's unprecedented. That string of cases is unprecedented in modern Constitutional law."
And Totten fully supports amending the state civil rights law, known as the Elliot-Larsen Civil Rights Act.
"Michigan needs to immediately amend the Elliott-Larsen Act," he said. "Employers and landlords should not be able to deny housing and employment opportunities."
He does not support a broad religious exclusion, as some have been arguing for in the state legislature. He says there have always been traditional exemptions for churches and houses of worships, but when it comes to housing or employment, there just isn't room for exemptions.
Totten's criticisms of Schuette don't stop there. Totten told the Detroit Free Press that Schuette has been following "one extreme crusade after another." As Attorney General, Schuette has supported the Hobby Lobby case to exempt certain businesses from providing access to birth control and other sexual health options through insurance programs, when such provisions would violate the sincerely held religious beliefs of the owners. He's also regularly fought implementation of the Affordable Care Act.
Schuette has also muddied the waters when it comes to implementation of Michigan's medical marijuana laws, Totten says. Schuette has argued, unsuccessfully, that federal laws trump state laws in relation to medical pot. He said that was an odd choice of an argument for an attorney general who claims to support state sovereignty. Schuette, incidentally, ran the campaign opposing the ballot measure in which 63 percent of state voters approved medical marijuana.
"He's making arguments like that because he doesn't want to follow the law," Totten said.
For his part, Totten says he supports making a safe, effective system for people to access medical marijuana.
"I've never smoked pot in my life," he says with a chuckle. "This isn't my thing, but I'm committed – outside whatever my personal preferences are – to upholding the law. I'm going to be a problem solver in this area to give the voters what they asked for, which is a safe and effective medical marijuana system for seriously ill patients."
The former federal judge law clerk and volunteer federal prosecutor also took aim at Schuette on his dealings with Canadian energy giant Enbridge. That company was responsible for the 2010 pipeline rupture that dumped over a million gallons of tar sands oil into the Kalamazoo river and a tributary. It was the most expensive inland oil spill in U.S. history, with a cleanup price tag well over $1 billion.
The company knew before the rupture in 2010 that the location was ripe for failure based on internal sweeps with specialized tools. It failed to act, something it was admonished for by the National Transportation Safety Board.
Now it is in the eyes of environmentalists as a 60-year-old pipeline running under the Straits of Mackinac has been questioned. Schuette and Enbridge have refused to provide documents to Michigan Public Radio showing the pipeline is not at risk of failure. Schuette cited Homeland Security provisions, while Enbridge told MPR that the information was complicated and difficult to read.
"Enbridge has resisted, at every turn, providing the public with information that they need," Totten said. "There are lots of reasons for us to be suspicious of Enbridge."
For his part, Totten says he will use the powers of his office to address the pipeline if he is elected as Michigan's next attorney general.
"I will use existing powers under state laws already on the books to hold full, open public hearings to examine every inch of that pipeline and ensure that our Great Lakes are not susceptible to an oil spill," he said. "Bill Schuette has refused to do that."

Mark Totten on the Issues

On Marriage Equality
"This case presents a fairly clear example of a situation where the state marriage ban violates the federal Constitution, and consistent with my oath of office, I would be required to uphold the federal Constitution.

On Bill Schuette's claims he was following the law by appealing:
"At this point, Bill Schuette is using the case to continue an ideological crusade and trying to disguise his actions with the excuse he's defending the Constitution, but it's exactly the opposite."

On The Enbridge Energy pipeline running under the straits of Mackinac:
"I will use existing powers under state laws already on the books to hold full, open public hearings to examine every inch of that pipeline and ensure that our Great Lakes are not susceptible to an oil spill. Bill Schuette has refused to do that."

On Right-to-Work
"I think this was – at a policy level – a bad decision. I think it undermines organized labor, and I think it was a move that created a lot of bad will."

On Medical Marijuana
"I've never smoked pot in my life. This isn't my thing, but I'm committed – outside whatever my personal preferences are – to upholding the law. I'm going to be a problem solver in this area to give the voters what they asked for, which is a safe and effective medical marijuana system for seriously ill patients."

Elliott-Larsen Amendments
"Michigan needs to immediately amend the Elliott-Larsen Act… Employers and landlords should not be able to deny housing and employment opportunities."

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