State Attorneys General

Under the United States federalist system of government, each of the fifty states (plus the District of Columbia) has its own state attorney general (AG). As the chief legal officer of the state, the state AG is not only the top law enforcement official in the state but is also in control of all lit...

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Bibliographic Details
Main Author: Mark C. Miller
Format: Article
Language:English
Published: CBS Open Journals 2025-05-01
Series:American Studies in Scandinavia
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Online Access:https://192.168.7.25:443/index.php/assc/article/view/7491
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Summary:Under the United States federalist system of government, each of the fifty states (plus the District of Columbia) has its own state attorney general (AG). As the chief legal officer of the state, the state AG is not only the top law enforcement official in the state but is also in control of all litigation entered into by the state government. The vast majority of the state AGs are independently elected state officials who can bring lawsuits in the “public interest,” free of the requirement that most litigants must have suffered some type of direct or indirect harm before they can sue (the legal term is “standing”).Through their partisan-motivated lawsuits against the federal government, state attorneys general are attempting to increase their role in federal constitutional interpretation and federal policymaking more generally, using both law and politics to do so. The danger is that these partisan-motivated lawsuits brought by the state AGs, and often won by them, are increasing the perception that American judges are merely partisan actors in black robes who are working in collusion with other partisan governmental agents to further a partisan agenda. These lawsuits are contributing to the decreasing trust that the American public has in its federal courts, and especially in the US Supreme Court.
ISSN:0044-8060