The election for Illinois’ attorney general comes at a dramatic legal moment

James Tierney, a lecturer at Harvard Law School and former attorney general of Maine, said attorneys general races are particularly important now, when the U.S. Supreme Court is making decisions that are rapidly changing the legal landscape of the United States.

Tierney said attorneys general have unique authority to make arguments in front of the Supreme Court, and as a lawyer for the people of the state, attorneys general have discretion in how they enforce laws and which cases they pursue.

’This is a dramatic moment in the development of the office of attorney general. Who your attorney general is, is going to significantly impact the lives of all the people of Illinois. They may not know it, but it will.’

Shannon Heffernan, “The election for Illinois’ attorney general comes at a dramatic legal moment,” WBEZ Chicago, October 12, 2022.

Attorneys general and prosecutors scramble to figure out what comes next if Roe falls

Former Maine Attorney General James Tierney knows a thing or two about the job. He has been a go-to adviser for state attorneys general and teaches a class on them at Harvard Law School.…

Tierney says attorneys general have immense discretion. They can choose to challenge a restrictive abortion law in court – or defend it.

’It’s always important who sits in the attorney general’s office. Always. Not just political party but what they argue, how they argue,’ Tierney says. ‘Does who sits in the AG’s office end the story? And the answer is clearly no.’

In many states, abortion could carry criminal penalties. What attorneys general typically can’t do is decide whether or not to enforce them.

Sam Gringlas, “Attorneys general and prosecutors scramble to figure out what comes next if Roe falls,” All Things Considered, NPR, May 16, 2022.

Facebook, Google Face Multi-State Antitrust Investigations

Just the pending of this investigation is going to make an impact. During the Obama years, YouTube got gobbled up by Google and Instagram was grabbed by Facebook. Neither of these companies is going to be buying anything during this investigation.… So I think just the pendency of this can make a difference in the marketplace and give innovators and people who are looking to find new ways to compete a little courage because the giants are on hold — at least until we find out what’s going to happen in the case.
— James Tierney

The Takeaway: Why Attorney General Races Draw National Attention (and Donations)

The US Supreme Court in 2006 gave the states the special right to sue the federal government when other organizations can’t. But the real reason it’s happening is because of the integration of our economy.

Why Attorney General Races Draw National Attention (and Donations),” The Takeaway, WNYC, November 16, 2018.