Attorney General Opinions
Summaries of opinions from federal and state Attorneys General on significant legal questions, enforcement policy, and constitutional analysis.
Federal AG Opinions
Authority of the President to Use Military Force Against ISIL
AG Eric H. Holder Jr.
December 30, 2014
This opinion analyzes the President's constitutional and statutory authority to use military force against the Islamic State of Iraq and the Levant (ISIL). It examines the Commander-in-Chief power under Article II, the Authorization for Use of Military Force (AUMF) of 2001, and the 2002 Iraq AUMF.
Read opinionConstitutionality of Federal Cannabis Enforcement in Legal States
AG Merrick B. Garland
August 15, 2023
This opinion addresses the constitutional questions arising from the conflict between federal cannabis prohibition under the Controlled Substances Act and state legalization of marijuana for medical and recreational use. It examines the Supremacy Clause, the Commerce Clause, and the Tenth Amendment as applied to cannabis enforcement.
Read opinionLegal Analysis of Executive Authority Over Immigration Enforcement Priorities
AG Merrick B. Garland
November 8, 2021
This opinion examines the scope of executive authority to establish immigration enforcement priorities, including the legal basis for prosecutorial discretion in removal proceedings. It analyzes the Take Care Clause, the Immigration and Nationality Act's provisions on removal, and relevant Supreme Court precedent including Arizona v. United States.
Read opinionScope of Executive Privilege in Congressional Investigations
AG Merrick B. Garland
May 20, 2022
This opinion analyzes the scope of executive privilege as applied to congressional requests for documents and testimony from current and former executive branch officials. It reviews the constitutional basis for executive privilege, including the presidential communications privilege and the deliberative process privilege.
Read opinionLegality of Nationwide Injunctions Against Federal Immigration Policy
AG Merrick B. Garland
March 10, 2023
This opinion examines the legal arguments for and against the issuance of nationwide injunctions by federal district courts, with particular attention to immigration cases. It reviews the historical development of injunctive relief in the federal courts and the distinction between party-specific and universal injunctions.
Read opinionSecond Amendment Analysis Following New York State Rifle & Pistol Association v. Bruen
AG Merrick B. Garland
September 22, 2023
This opinion provides the Department's analysis of the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen (2022) and its implications for federal firearms regulations. It examines the text, history, and tradition test established by the Court and its application to existing federal gun laws.
Read opinionApplicability of the Emoluments Clauses to Federal Officials
AG William P. Barr
June 14, 2019
This opinion examines the Foreign and Domestic Emoluments Clauses of the Constitution and their applicability to federal officials who maintain business interests. It reviews the historical understanding of the term 'emolument' and the scope of the prohibition on receiving presents, offices, or titles from foreign states.
Read opinionState AG Opinions
Legality of State Abortion Restrictions Under Federal Law
AG Ken Paxton
July 28, 2022
This opinion from the Texas Attorney General addresses the enforceability of pre-Roe abortion restrictions following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. It examines whether Texas laws criminalizing abortion that predated Roe v. Wade are revived by the overruling of Roe.
Read opinionState Authority to Regulate Artificial Intelligence in Employment Decisions
AG Rob Bonta
April 15, 2024
This opinion from the California Attorney General examines the state's authority to regulate the use of artificial intelligence and automated decision-making tools in employment contexts. It analyzes existing antidiscrimination statutes, the California Consumer Privacy Act, and the state's Fair Employment and Housing Act as applied to AI-driven hiring and promotion decisions.
Read opinionConstitutional Analysis of State Red Flag Laws
AG Ashley Moody
June 30, 2023
This opinion from the Florida Attorney General analyzes the constitutionality of the state's Risk Protection Order statute (commonly known as a red flag law) under both the Second Amendment and the Due Process Clause. It examines the Bruen decision's implications for temporary firearms removal proceedings.
Read opinionState Preemption of Local Firearm Regulations
AG Michelle Henry
February 20, 2024
This opinion from the Pennsylvania Attorney General addresses the scope of state preemption of local firearms regulations under Pennsylvania's Uniform Firearms Act. It examines whether municipalities may enact ordinances restricting firearms possession or carrying that are more restrictive than state law.
Read opinionLegal Status of Noncitizen Voting in State and Local Elections
AG Letitia James
May 10, 2024
This opinion from the New York Attorney General examines the legal authority of municipalities to extend voting rights to noncitizens in local elections. It analyzes the state constitution's voter qualifications, the Municipal Home Rule Law, and relevant federal law including the Illegal Immigration Reform and Immigrant Responsibility Act.
Read opinionEnforceability of State Data Privacy Laws Against Out-of-State Companies
AG Kwame Raoul
March 25, 2024
This opinion from the Illinois Attorney General examines the enforceability of the Illinois Biometric Information Privacy Act (BIPA) and the Illinois Personal Information Protection Act against companies that collect data from Illinois residents but are headquartered in other states. It analyzes personal jurisdiction, the dormant Commerce Clause, and interstate commerce considerations.
Read opinionState Regulation of Cryptocurrency and Digital Asset Exchanges
AG Letitia James
November 15, 2023
This opinion from the New York Attorney General examines the state's regulatory authority over cryptocurrency exchanges and digital asset businesses under the New York Financial Services Law and the BitLicense framework. It analyzes the classification of various digital assets as securities, commodities, or currencies under state law.
Read opinionReligious Liberty and Antidiscrimination Law After 303 Creative v. Elenis
AG Phil Weiser
January 18, 2024
This opinion from the Colorado Attorney General analyzes the impact of the Supreme Court's decision in 303 Creative LLC v. Elenis (2023) on state public accommodation antidiscrimination laws. It examines the scope of the First Amendment's protection for businesses providing expressive services that object to same-sex marriage.
Read opinionLegal Framework for State Responses to the Fentanyl Crisis
AG Dave Yost
June 5, 2024
This opinion from the Ohio Attorney General examines the legal framework for state responses to the fentanyl crisis, including the classification of fentanyl analogues under state controlled substance schedules, enhanced criminal penalties for fentanyl trafficking, and the legal status of fentanyl test strips.
Read opinionState Authority to Enforce Environmental Standards Stricter Than Federal Requirements
AG Bob Ferguson
October 5, 2023
This opinion from the Washington Attorney General examines the state's authority to establish and enforce environmental standards that exceed federal requirements under the Clean Air Act, Clean Water Act, and other federal environmental statutes. It analyzes federal preemption and savings clauses in major environmental laws.
Read opinionConstitutional Limitations on State Social Media Regulations
AG Ken Paxton
April 1, 2024
This opinion from the Texas Attorney General analyzes the First Amendment issues raised by state laws regulating social media platforms, in light of the Supreme Court's decisions in Moody v. NetChoice (2024) and related cases. It examines whether content moderation constitutes protected editorial discretion.
Read opinionLegal Analysis of State-Level Universal Basic Income Programs
AG Rob Bonta
July 22, 2024
This opinion from the California Attorney General examines the legal authority of state and local governments to establish guaranteed basic income programs. It analyzes state constitutional spending limitations, equal protection requirements, and the interaction between basic income payments and federal benefit programs.
Read opinionLegal Framework for State Regulation of Autonomous Vehicles
AG Dana Nessel
August 12, 2023
This opinion from the Michigan Attorney General examines the state's regulatory authority over autonomous vehicles and automated driving systems. It analyzes the current statutory framework, the distinction between federal vehicle safety standards and state traffic and licensing regulations, and the potential for federal preemption.
Read opinionState Constitutional Right to Privacy and Reproductive Autonomy
AG Kris Kobach
April 20, 2023
This opinion from the Kansas Attorney General examines the scope of the state constitutional right to privacy as interpreted by the Kansas Supreme Court in Hodes & Nauser v. Schmidt (2019), which held that the Kansas Constitution protects the right to abortion independently of the federal Constitution.
Read opinionLegal Authority for State Prosecution of Federal Officials
AG Chris Carr
August 30, 2024
This opinion from the Georgia Attorney General examines the legal framework governing state criminal prosecution of federal officials, including questions of sovereign immunity, the Supremacy Clause, and the removal of state prosecutions to federal court under 28 U.S.C. Section 1442.
Read opinionState Enforcement of Antitrust Laws Against Technology Platforms
AG Ken Paxton
December 10, 2023
This opinion from the Texas Attorney General examines the state's authority to bring antitrust enforcement actions against technology platforms under the Texas Free Enterprise and Antitrust Act. It analyzes the complementary roles of state and federal antitrust enforcement and the scope of state antitrust laws as applied to digital markets.
Read opinionLegal Analysis of State Transgender Athlete Policies in Public Schools
AG Todd Rokita
March 15, 2024
This opinion from the Indiana Attorney General examines the constitutionality and legality of state laws restricting transgender student participation in school athletics. It analyzes Title IX, the Equal Protection Clause, and state antidiscrimination law as applied to sex-based classifications in school sports.
Read opinionAuthority of the Attorney General to Investigate Corporate Price Fixing
AG Keith Ellison
May 20, 2024
This opinion from the Minnesota Attorney General examines the scope of the Attorney General's investigative authority in corporate price-fixing cases under state antitrust and consumer protection statutes. It analyzes the civil investigative demand power, the subpoena authority, and the state's ability to bring parens patriae actions on behalf of consumers.
Read opinionState Authority Over Election Administration and Federal Preemption
AG Kris Mayes
June 15, 2024
This opinion from the Arizona Attorney General examines the scope of state authority over election administration in light of the Elections Clause, the Voting Rights Act, and the National Voter Registration Act. It analyzes the Supreme Court's decision in Arizona v. Inter Tribal Council (2013) regarding state voter registration requirements.
Read opinionLegal Status of State Compact Agreements for Interstate Cannabis Commerce
AG Ellen Rosenblum
September 10, 2024
This opinion from the Oregon Attorney General examines the legal framework for interstate cannabis commerce agreements between states that have legalized marijuana. It analyzes the Compact Clause of the Constitution, the dormant Commerce Clause, and the continuing effect of federal prohibition on interstate agreements.
Read opinionState Law Protections for Employees Using Legal Cannabis Off Duty
AG Matthew J. Platkin
April 28, 2024
This opinion from the New Jersey Attorney General examines the state's Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) protections for employees who use cannabis off-duty in compliance with state law. It analyzes the interplay between employee privacy rights, employer drug testing authority, and federal workplace safety requirements.
Read opinionConstitutional Analysis of State Laws Restricting Gender-Affirming Care for Minors
AG Jonathan Skrmetti
July 5, 2024
This opinion from the Tennessee Attorney General analyzes the constitutionality of state legislation restricting gender-affirming medical treatments for minors, in light of the Supreme Court's grant of certiorari in United States v. Skrmetti. It examines equal protection, parental rights, and substantive due process challenges to the legislation.
Read opinionLegal Framework for State Response to Federal Immigration Enforcement in State Facilities
AG Andrea Joy Campbell
August 15, 2024
This opinion from the Massachusetts Attorney General examines the legal obligations and limitations of state and local officials when federal immigration enforcement actions occur in state facilities, including courthouses, schools, and hospitals. It analyzes the anti-commandeering doctrine, sanctuary policies, and the Fourth Amendment.
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