State Attorneys General

Every state has an attorney general who serves as its chief legal officer. In 43 states the attorney general is elected by voters, in five the governor appoints the office, in Maine the legislature chooses, and in Tennessee the state supreme court appoints. Attorneys general represent the state and its agencies in court, defend state laws against challenges, issue legal opinions to state officials, enforce consumer protection and antitrust laws, and in many states prosecute certain crimes or handle criminal appeals.

Attorneys general have become major national actors through multistate litigation. The 1998 Master Settlement Agreement between 46 states and the largest tobacco companies required payments of more than $200 billion over 25 years, and settlements with opioid manufacturers, distributors, and pharmacies since 2021 have totaled roughly $50 billion. Attorneys general also coordinate investigations of technology companies, data breaches, and fraud, often working together across party lines.

Since the 2000s, attorneys general of the party out of power in Washington have routinely sued the federal government, with Republican attorneys general challenging Obama and Biden administration policies on immigration, health care, and the environment, and Democratic attorneys general challenging Trump administration policies, filing dozens of suits in 2025 alone over funding freezes, tariffs, and immigration measures. Partisan groups, the Republican and Democratic Attorneys General Associations, raise funds for these races. Supporters say this litigation checks federal overreach, while critics say it politicizes the office.