Week 11 – April 13, 2020
Relationship with Federal Government
Syllabus: The Role of the State Attorney General
State Attorneys General have a complex relationship with the federal government, including the White House, the Department of Justice, local U.S. Attorneys, and other federal agencies. Away from the headlines, in most cases, attorneys general cooperate with federal agencies to carry out federal policy but in some cases and in some states attorneys general attempt to either challenge or prompt federal action. This section analyzes this complex and changing relationship.
We also consider the role of preemption in which the federal government tries to prevent State Attorneys General from taking action. We conclude by considering how these differing cross-currents affecting State Attorneys General at the intersection of local, state, and federal government play out in in the hot button area of immigration.
This week, we will be joined by Former AG and SG of Ohio, Richard Cordray.
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Introduction: James Tierney, State AG's and Fed Gt, April 13, 2020 (YouTube).
- States Sue Over Acid Rain (Mar. 20, 1984).
- Texas vs. the Feds — A Look at the Lawsuits, Texas Tribune (Jan. 11, 2017).
- States sue Trump administration at record pace, TheHill.com (Feb 12, 2020)
- Nolette Summary: Multistate Lawsuits vs The Federal Government.
- Obama Preemption Order, The White House Office of the Press Secretary (May 20, 2009).
- After Scaling Back Student Loan Regulations, Administration Tries to Stop State Efforts, New York Times (Sept 9, 2018).
- 8 U.S.C § 1373.
- Executive Order 13768 (Jan. 25, 2017).
- Emma Platoff, AG Ken Paxton sues San Antonio (Nov.18, 2018).
- New York Office of the Attorney General, AG Schneiderman Files Civil Rights Lawsuit Against Utica City School District Regarding Enrollment Barriers Face by Immigrant and Refugee Students(Nov. 18, 2015).
- Attorney General and Education Commissioner Advise Schools on Protecting Immigrant Students, New York State Department of Education (2016).
- New York Attorney General, Guidance Concerning Local Authority Participation in Immigration Enforcement and Model Sanctuary Provisions (March 2017). (supplemental reading)