In Maryland, unlike in some other states, the attorney general has historically required the governor’s or legislature’s express permission to undertake legal action against the federal government. In late February, that changed with the passage of the Maryland Defense Act of 2017, which would limit the ability of Maryland’s governor – Larry Hogan, a Republican – to stop lawsuits against the federal government brought by Maryland’s attorney general – Brian Frosh,… More
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In the late evening on August 15, 2016, a 12-person jury in Norristown, Pennsylvania, unanimously convicted state Attorney General Kathleen Kane of two counts of felony perjury as well as a host of misdemeanor charges, including official oppression, obstruction, false swearing and conspiracy. Kane faces a maximum sentence of 28 years in prison, although Pennsylvania’s sentencing guidelines recommend a more lenient sentence.
Prosecutors charged Kane based on allegations that she leaked secret grand jury documents related to a 2009 embezzlement probe to retaliate against former prosecutors she believed had embarrassed her. … More
A Cannabis Coup: SCOTUS Rejects Challenge to Colorado’s Legalization of Marijuana by Oklahoma and Nebraska AGs
The U.S. Supreme Court will not hear a lawsuit brought by the attorneys general of Nebraska and Oklahoma challenging Colorado’s oversight of a legal marketplace for marijuana. In a one line order released this week, the Court denied the states’ request for leave to file a complaint invoking the Supreme Court’s original jurisdiction—a tool that allows the Court to hear disputes between states in the first instance. … More
On February 25, 2016, Indiana AG Greg Zoeller became the sixth AG, along with those of Texas, Wisconsin, Kansas, Louisiana, and Nebraska, to join in a lawsuit challenging the implementation of the Health Insurance Providers Fee, as part of the Affordable Care Act. The state AGs argue that portions of the Fee, which is directed to certain health insurance providers, will be paid by states, which they allege violates the Constitution and several federal laws. … More
On January 6, 2016, the attorneys general of Oklahoma and Nebraska fired what may be the final salvo in the first round of a battle over Colorado’s legalization of marijuana before the U.S. Supreme Court. The aggrieved states have accused Colorado of operating “a massive criminal enterprise” that earns hundreds of millions of dollars per year by exporting marijuana to its neighbors. Dissatisfied with the response from the U.S.… More