the nation's worst state attorneys general 2010
TRANSCRIPT
-
8/8/2019 The Nation's Worst State Attorneys General 2010
1/30
CompetitiveEnterpriseInstitute
Issue Analysis
Advancing Liberty From the Economy to Ecology
The Nations Wors
By Hans Bader
Ju 2010
2010 No.
State AttorneysGeneral
ly
-
8/8/2019 The Nation's Worst State Attorneys General 2010
2/30 1Bader: The Nations Worst State Attorneys General
The Nations Worst State Attorneys General
By Hans Bader
Executive Summary
-
8/8/2019 The Nation's Worst State Attorneys General 2010
3/30 Bader: The Nations Worst State Attorneys General
-
8/8/2019 The Nation's Worst State Attorneys General 2010
4/30 3Bader: The Nations Worst State Attorneys General
Introduction
1
3
4
5
6
8
Under all state
constitutions, the
legislature, not the
attorney general, is
given the power to
make laws.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
5/304 Bader: The Nations Worst State Attorneys General
11
Criteria for AG Ratings
1. Ethical Breaches and Selective Applications of the Law
The recent wave of
lawsuits brought by
state attorneys general
has fostered corruption,
circumvented
legislative checks on
regulation, taxes, and
government spending,made government
less transparent, and
diverted attention
away from their
core responsibilities
of defending state
agencies in lawsuits
and providing legal
advice to public
-
8/8/2019 The Nation's Worst State Attorneys General 2010
6/30 5Bader: The Nations Worst State Attorneys General
2. Fabricating Law
3. Usurping Legislative Powers
4. Predatory Practices
Report Card
Subject: 1. 2. 3. 4.
Attorney General:
1. Jerry Brown, California
13
-
8/8/2019 The Nation's Worst State Attorneys General 2010
7/306 Bader: The Nations Worst State Attorneys General
14
15
16
TheLos Angeles Times
18
)
As
noted, Browns
decision to switch
course at the last
possible moment before
the courts deadline,
surprised many legal
experts. The attorneygeneral has a legal
duty to uphold the
states laws as long as
there are reasonable
grounds to do so.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
8/30 Bader: The Nations Worst State Attorneys General
Shortly
31
33
34
35
36
Brown brought so
many lawsuits over
global warming
against businesses
and local governments
that the state
legislature curbed
his ability to suelocal governments.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
9/308 Bader: The Nations Worst State Attorneys General
38
2. Drew Edmondson, Oklahoma
41
4344
45
46
48
Edmondson has
abused the power
order to intimidate
political opponents.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
10/30 Bader: The Nations Worst State Attorneys General
51
53
54
55
56
58
The Oklahoman
61
Edmondson persisted
in his politically
motivated prosecution
until 2009, when he
inevitability that he
would be found in
violation of theFirst Amendment.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
11/30 Bader: The Nations Worst State Attorneys General
63
64
65
66
68The Wall Street Journal
3. Richard Blumenthal, Connecticut
The Tobacco Racket
It is worth nothing
how ironic it is
for Edmondson to
complain about
outsiders meddling
in Oklahoma politics,
when out-of-state
opponents of theinitiative routinely
harassed the petition
gatherers, without
Edmondson or anyone
else questioning
their right to come
into the state to do so.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
12/30 11Bader: The Nations Worst State Attorneys General
includingsales in
states that did not join the tobacco settlement
without their knowledge
As the federal appeals
court with jurisdiction
over Connecticut
observed, had the
tobacco company
executives entered into
a similar settlement
without the collusion ofthe attorneys general,
they would long ago
have had depressing
conversations with
their attorneys
about the United
States Sentencing
Guidelines.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
13/30 Bader: The Nations Worst State Attorneys General
81
83
84
85
As attorney general,
Blumenthal has
supported meritless,
politically motivated
lawsuits.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
14/30 13Bader: The Nations Worst State Attorneys General
S
i.e.,
86
88
4. Patrick Lynch, Rhode Island
Blumenthal has
attacked private
property rights,
including advocating
that private homes
be subject to
government seizure
for use by privatedevelopers.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
15/3014 Bader: The Nations Worst State Attorneys General
As The Providence Journal
-
8/8/2019 The Nation's Worst State Attorneys General 2010
16/30 15Bader: The Nations Worst State Attorneys General
)
)
A non-partisan ethics
watchdog observed
that Lynchs conduct
does not pass the
smell test.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
17/3016 Bader: The Nations Worst State Attorneys General
5. Darrell McGraw, West Virginia
111
As TheWest Virginia Record
113
114
115
116
118
McGraw hired lawyers
on a contingency fee to
sue tobacco companies
in 1995. In response,
told by the state judge
handling the states
tobacco lawsuit thatpaying contingency
fees to lawyers hired
to represent the state
was illegal. But he
went ahead and did it
anyway.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
18/30 Bader: The Nations Worst State Attorneys General
TheCharleston Daily Mail
The Charleston Gazette,
131
133
134
135
136
McGraw has used
other court settlements
as his own political
slush fund, so often
that
summed
him up as a lawyer
who sues on behalfof a client, settles
out of court, and
keeps the money.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
19/3018 Bader: The Nations Worst State Attorneys General
138
141
143
144
145
146 although
6. William Sorrell, Vermont
148
Few state attorneys
general have done
more damage to the
fabric of the law than
William Sorrell.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
20/30 Bader: The Nations Worst State Attorneys General
151
153
Sorrells bill severely
undermined the
principle of individual
responsibility, by
holding a tobacco
company liable for
a smokers injuries
even if the smokerknew the risk of
smoking and chose
to smoke anyway.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
21/30 Bader: The Nations Worst State Attorneys General
154
155
156
1,000 percent158
161
Conclusion
Many state attorneys
general across the
nation conscientiously
every day. However,
others have failed to
heed the limits on
their own power.
-
8/8/2019 The Nation's Worst State Attorneys General 2010
22/30 Bader: The Nations Worst State Attorneys General
-
8/8/2019 The Nation's Worst State Attorneys General 2010
23/30 Bader: The Nations Worst State Attorneys General
Notes
1 Issue Analysis
Corporate Legal Times
3 Blumenthal v. Barnes
In re Cardizem Antitrust Litigation
4
5 Blumenthal v. Barnes
6 Morales v. Trans World Airlines
Miller Bros. v. MarylandHealy v. Beer Institute
8
See also
See also
See also
See also
Up In Smoke
see also A.D. Bedell Wholesale Co. v.
Philip Morris
11 The Sacramento Bee
See also
See also
13 The Los Angeles
Times
14 The San Francisco Chronicle
15 Baker v. NelsonSee also Citizens for Equal Protection v. Bruning, th
16
18 The Sacramento Bee
See, e.g., Hernandez v. RoblesAndersen v. King County
alsoBaker v. Nelson
The San Francisco Chronicle See also
Vanity Fair
Baker v. Nelson
Citizens for Equal Protection v. Bruning, th
Coalition for Economic Equity v. Wilsonth
The Los Angeles Times
See also
The San Francisco Chronicle
The San Francisco RecorderSee also
The Oakland Tribune
See also ,
The Sacramento Bee
The Redding RecordSee also
-
8/8/2019 The Nation's Worst State Attorneys General 2010
24/30 Bader: The Nations Worst State Attorneys General
31 See also
The Cleveland Plain-Dealer
33 The Contra Costa TimesSee also
The San Francisco ChronicleSee
also The San Francisco Chronicle
34 See also,
San Francisco Examiner
35 The Charleston Post & Courier
36 The Sacramento Bee
The San Francisco Chronicle
38 The American Spectator
,
LA Weekly
41
Oklahoma City
Journal-Record43 Daily Oklahoman
44 The Daily OklahomanSee also
The Daily Oklahoman
45 The Tulsa World
See also
New Jersey Law JournalSee also
See also
See also
46 Tulsa WorldSee also
The Oklahoman
48 Oklahoma City Journal-
RecordSee also
The Oklahoman
See alsoIn re Initiative Petition No. 379
51 See, e.g.,Muskegon Phoenix
See also In re Initiative
Petition No. 379
See In re Initiative Petition No. 379
53 Nader v. BrewerthSee also Krislov v. Rednourth
54 Chandler v. City of Arvada, Coloradoth
55 Yes on Term Limits, Inc. v. Savageth
56 Oklahoma City Journal-Record
See also Forbes
58 Chandler v. City of Arvada, Colorado See also VanNatta v. KeislingthSee also Landell v.
SorrellSee also Warren v. Fairfax County,th
-
8/8/2019 The Nation's Worst State Attorneys General 2010
25/30 Bader: The Nations Worst State Attorneys General
See American Constitutional Law Found.,See also Meyer v. Grant,
See also Krislov v. Rednour,
The Oklahoman
61 New York Times v. Sullivan
The Politics and Law of Term Limits
63 The Wall Street Journal
64 Brief of the States of Arizona, Oklahoma, et al., as Amici Curiae in Support of the Petitioners
United States v. MorrisonSee also Brief of Respondent James LaDale CrawfordUnited States v. Morrison
65 The
Oklahoman
66 The OklahomanSee also
Oklahoma City Journal-Record
68
The New York Times
See also
See also
The Washington Examiner The Columbus Dispatch
The Wall Street Journal
Freedom Holdings v. Spitzer
A Broken Promise for Our Children: the 1998 State Tobacco Settlement Seven Years Later
Martin v. WilksSee also
But see Virginia v. Patriot
Tobacco Co
Connecticut Legal Tribune
Connecticut Law Review
See also
81
See also
83 Erickson v. Foote
84 See also
85 Ganim v. Smith & Wesson Corp.
AG Watch
See also
See also
88 See also
R.A.V. v. St. PaulSee also Parents Involved in Community Schools v. Seattle School District No. 1
See also Brief of the States of New York, Connecticut, Illinois, et al., as Amici
Curiae in Support of RespondentsSee also Gratz v. BollingerSee also Brief of
the States of Maryland, et al. in Support of RespondentsSee also Randall v. Sorrell
See also Brief of the States of Connecticut, et al., as Amici Curiae in Support of Respondents and Cross-Petitioners
-
8/8/2019 The Nation's Worst State Attorneys General 2010
26/30 Bader: The Nations Worst State Attorneys General
Kelo v. New LondonSee also Brief of the State of Connecticut Through Its Attorney General As Amicus
Curiae In Support of the RespondentsSee also Lucas v. South Carolina Coastal Council
State v. Lead Industries Assn
quoting In re Lead Paint Litigation
The Boston Globe
See alsoThe Providence Journal
City Journal
See
See
The Boston Globe
The Delaware News-Journal
See also Tyler v. Superior CourtSee also See also
See also See also See also
State v. Lead Industries Assn
The Lead Paint Trial ContinuesSee
also accordState of Rhode Island v. Lead Indus. Assn
State v. Lead Paint Assn, Inc
See also
111 The Charleston
Daily Mail
The Charleston GazetteSee also
The Charleston GazetteSee also
See also
The Morgantown Dominion Post
113 The West Virginia Record
See alsoThe Charleston Daily
Mail
114 The Charleston Daily MailSee
also The Charleston Gazette
115 State v. Vieweg
116
-
8/8/2019 The Nation's Worst State Attorneys General 2010
27/30 Bader: The Nations Worst State Attorneys General
See also State of West Virginia Campaign Financial Statement(Long Form) In
Relation to 2004 Election Year
See alsoState of West Virginia
Campaign Financial Statement (Long Form) In Relation to 2004 Election Year
See also State of W. Va. Campaign Financial Statement for
Elections in 1996
118 McGraw v. American Tobacco Co. See also See also
The State Journal
McGraw v. American Tobacco Co.
The CharlestonDaily MailSee also The
Charleston GazetteSee also
The Charleston Daily MailSee also
The Charleston Daily Mail
See also The Charleston Daily Mail
See also
The West Virginia Record
See alsoSee also
The Wall Street Journal
131
The Charleston Gazette
The West Virginia Record
133
135
136 See also
The West Virginia Record
138
141
See also
143
144 The Wall Street Journal.
145 Messer v. Huntington Anesthesia GroupSee also State of W. Va. Campaign Financial
Statement for Elections in 1996
146 The State Journal
See also
-
8/8/2019 The Nation's Worst State Attorneys General 2010
28/30 Bader: The Nations Worst State Attorneys General
148 See also
See also
See also Kansas Journal of Law & Public Policy
See
151
153
The New York Times
154 American LawyerSee also
New Jersey Lawyer
155
156 See also The Atlantic Monthly
The Richmond Times-
DispatchSee also
Bond Buyer
158
Randall v. SorrellSee also Landell v. Sorrell,See also ParentsInvolved in Community Schools v. Seattle School District No. 1See also Brief of
the States of New York, et al,. as Amici Curiae in Support of RespondentsSee also Gratz v. Bollinger
See also Brief of the States of Maryland, et al. in Support of RespondentsSee
also Boy Scouts v. DaleSee also Brief of the State of New York, et al., as Amici Curiae In Support of
Respondent
161 See Kelo v. New LondonSee also Brief of the States of Vermont, et al., As Amici Curiae in Support of
Respondents
-
8/8/2019 The Nation's Worst State Attorneys General 2010
29/30 Bader: The Nations Worst State Attorneys General
About the Author
-
8/8/2019 The Nation's Worst State Attorneys General 2010
30/30
CompetitiveEnterpriseInstitute
Washington, DC 20036202-331-1010
Fax 202-331-0640
www.cei.org
8.00
The Competitive Enterprise Institute is a non-profit public policy organization ded-
icated to the principles of free enterprise and limited government. We believe that
consumers are best helped not by government regulation but by being allowed to
make their own choices in a free marketplace. Since its founding in 1984, CEI has
grown into an influential Washington institution.
We are nationally recognized as a leading voice on a broad range of regulatory
issues ranging from environmental laws to antitrust policy to regulatory risk. CEI is
not a traditional think tank. We frequently produce groundbreaking research onregulatory issues, but our work does not stop there. It is not enough to simply iden-
tify and articulate solutions to public policy problems; it is also necessary to defend
and promote those solutions. For that reason, we are actively engaged in many
phases of the public policy debate.
We reach out to the public and the media to ensure that our ideas are heard, work
with policymakers to ensure that they are implemented and, when necessary, take
our arguments to court to ensure the law is upheld. This full service approach to
public policy makes us an effective and powerful force for economic freedom.
1899 L Street, NW
12th Floor