Bench Memos

Other Derelict State AGs

My Weekly Standard article on the duty of state attorneys general to defend state marriage laws provided an illustrative, but not exhaustive, list of state attorneys general who have failed to carry out their ethical responsibilities.

In addition to Mark Herring of Virginia, Kathleen Kane of Pennsylvania, and Jerry Brown and Kamala Harris of California, other malefactors include David Louie of Hawaii (who had separate teams in his office simultaneously defend and oppose his state’s marriage laws), Ellen Rosenblum of Oregon, Gary King of New Mexico, and Lisa Madigan of Illinois. (King and Madigan refused to defend state marriage statutes against challenge under their state constitutions, so the case for their dereliction of duty requires the modest further proposition that state attorneys general ought to exercise a presumption that state statutes are compatible with the state constitution.)

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