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25 Law & Pol'y 425 (2003)
The Politics of Litigation by State Attorneys General: Introduction to Mini-Symposium

handle is hein.journals/lawpol25 and id is 433 raw text is: The Politics of Litigation by State Attorneys General: Introduction to Mini-Symposium* LYNN MATHER State attorneys general have been making headlines for their dramatic and controversial lawsuits against corporate interests such as Microsoft, tobacco and gun manufacturers, and drug companies. And in litigation before the U.S. Supreme Court, state attorneys general are the second-most frequently appearing party (after the federal government). They also have been central players in what is arguably the most important constitutional debate before the Court today, the conflict over federalism. Yet until the 1990s, scholars paid scant attention to the activities and decision making of state attorneys general. This Mini-Symposium builds on recent scholarship with two new contributions that explore the politics of litigation by state attorneys general. As the chief law enforcement officials for each state, attorneys general are important legal actors. But, at the same time, they are political actors, since in most states they are selected by popular election. They must please the voters of their states in order to stay in office or, as is common for state attorneys general, to ascend to governor or other higher state office. Although their exact duties and responsibilities vary by state jurisdiction, most state attorneys general assist in local criminal prosecutions, initiate civil suits, represent their state in any court case, issue advisory opinions to state officers, draft legislative proposals, and provide information about legal issues. They also lobby Congress and federal regulatory agencies, write enforcement guide- lines, issue policy statements, and participate in litigation whether as direct parties or as amicus curiae (Clayton 1994; Zimmerman 1998). Interestingly, in the last few decades, state attorneys general have expanded their work to focus more on national policy issues and to broaden their scope from criminal law enforcement to economic and civil rights issues (Ray & Spill 2002). Along with their shift in issue focus, state attorneys general have increased their participation in federal litigation. Before 1970 states typically appeared in federal court as respondents to defend their laws or procedures, whereas * Address correspondence to Lynn Mather, Director, Baldy Center for Law & Social Policy, University at Buffalo Law School, 511 O'Brian Hall, Buffalo, NY 14260. Telephone: (716) 645- 5541/2102; e-mail: Lmather@buffalo.edu. LAW & POLICY, Vol. 25, No. 4, October 2003 ISSN 0265-8240 © Blackwell Publishing Ltd. 2003, 9600 Garsington Road, Oxford OX4 2DQ, UK, and 350 Main Street, Malden, MA 02148, USA.

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