All state attorneys general have the authority to issue formal opinions. This class will discuss that responsibility and focus on its specific use by the Attorney General in immigration matters. Because state government is by far the most frequent litigant in the U.S. Supreme Court, the class will also cover amicus processes and practice.

All state attorneys general have the authority to issue formal opinions. This Chapter will discuss that responsibility and focus on its specific use.

The readings include the chapter on Opinions from the NAAG Powers and Duties book, a series of newspaper stories showing the kinds of Opinions issued by attorneys general, an unpublished student paper by Addison Thompson, ’07, entitled Attorneys General and the Opinion Writing Authority, Ensuring Its Legitimate Exercise.” (Http://www.stateag.org)

The Chapter also includes an article in the Washington Post about the use of the Opinion process by the current Attorney General of Virginia and an unpublished paper by Ashley Sullivan, ’12, entitled Students ubject to Search, Seizure and Registration as Sex Offenders: The Prudence of an Attorney General Opinion,” about the impact of one of those decisions.

The Chapter also contains a reference to a rare federal court decision striking down a formal Opinion of the Attorney General. The decision outlines appropriate guidelines for a decision. “Aide for Women, et. al. v. Nola Foulston, et. al. (Distrist Court Kansas, Case No, 03-1353-JTM (2006).

Finally, the Chapter includes two opinions – one from Maine and one from North Carolina – on the issue of same sex marriage and the federal Affordable Care Act.

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