Gov. Maggie Hassan has nominated Democratic former state senator Joseph Foster to be New Hampshire’s next attorney general. Foster was in the New Hampshire House from 1995 to 1998 and in the New Hampshire Senate from 2002 to 2008. While in the Senate in 2003, he voted against the parental notification law that was defended at the U.S. Supreme Court by then-AG Kelly Ayotte. The Court chose not to overturn the law, and instead remanded it to a lower court for reconsideration of one point.
Before that could be done, the legislature overturned it in 2007 with help from Foster, who was Senate Majority Leader at that time. He was quoted by the Associated Press as calling the law “unconstitutional,” although Justice O’Connor’s majority opinion had noted that there was no need to throw out the law.
A new parental notification law passed in 2011 over Gov. Lynch’s veto, after Foster had left office. If the Executive Council confirms Foster’s nomination to be attorney general, he would be responsible for the state’s legal response to any challenge to the existing law.