The Yale Law Journal

Saikrishna Bangalore Prakash

Feature

Fifty States, Fifty Attorneys General, and Fifty Approaches to the Duty To Defend

Neal Devins & Saikrishna Bangalore Prakash

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. In…