State Attorneys General (AGs) are not only lawyers for their states; they are enforcers, regulators, and even public policy advocates. With broad authority, including, but not limited to, consumer protection, Medicaid fraud, and antitrust mandates, AGs have investigatory and enforcement jurisdiction over many businesses in a wide range of industries.

A series of recent multi-state AG meetings highlight significant recent developments evidencing an increase in AG activity throughout the country.

New Attorneys General

In 2018, there were 31 AG elections. There were 13 open AG seats, in addition to the seven states that appoint Attorneys General. As a result, 2019 ushered in 17 new AGs; 11 are Democrats and 6 are Republicans. There are currently 27 Democratic and 24 Republican Attorneys General, including the District of Columbia. The new AGs are perhaps the most racially and gender diverse in history. Importantly, the majority have backgrounds in legislative bodies or state agencies, rather than as prosecutors or in the judiciary. As a result, policymaking through investigation and enforcement is becoming the norm.

Heightened Priorities

Protection of the Vulnerable. The Democratic Attorneys General (DAGA) Summer Policy Conference featured an agenda panel titled “Fighting Back Against Attacks on Vulnerable Communities”.

In May, North Carolina AG Josh Stein (D) announced and Massachusetts AG Maura Healey (D) filed the first AG lawsuits against the e-cigarette industry for targeting vulnerable youth.