With Laura Ebke, senator-elect, less than a fortnight away from taking up her duties at the Nebraska legislature, I get increasingly interested in issues concerning the states, the federal government, and federalism in modern politics.
Michael S. Greve writes about
the somewhat strange emergence of state AG offices as key veto and opportunity points in American politics. How did that happen? [...]
Long story very short (the snark is mine): this wasn’t started by corporate honchos but by their foes. When the federal government embarked on de-regulation way back in the 1980s, pro-regulatory constituencies migrated to the states. State tort law and prosecutions under state and federal law became substitutes for regulation, and state AGs formed a symbiotic alliance with the plaintiffs’ bar. The corporate fixers are just fighting back. And note that the deck is stacked against them. The trial lawyers need only a single state AG to unleash a prosecutorial firestorm on a national basis. To stop it, the corporate guys and gals have to run the table.
The AG-trial bar alliance has proved lasting to this day.
Make sure to read the entire article at the source.