Abstract

State attorneys general have taken on an increasingly active role in challenging the actions of the federal government, and, in particular, the actions of the President. During the Obama Administration, state attorneys general began suing the federal government at an increasing rate, and these actions resulted in some of the most consequential judicial decisions of the time period—as both a matter of judicial precedent and a matter of policy impact. State-initiated action against the Obama Administration resulted in a new doctrine preventing state coercion, the implications of which are only starting to be recognized. It also resulted in court-ordered cessation of significant policy initiatives of the Administration, including, among others, nullifying the Deferred Action for Parents of Childhood Arrivals (“DAPA”) program, halting in part the Waters of the United States Rule, and the Clean Power Plant initiative.

Document Type

Article

Publication Date

2018

Notes/Citation Information

Jonathan D. Shaub, Delegation Enforcement by State Attorneys General, 52 U. Rich. L. Rev. 653 (2018).

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