Document Type
Article
Publication Date
Spring 2015
Publication Citation
90 Indiana Law Journal 513 (2015)
Abstract
This Article challenges Eric Holder’s and William Pryor’s views and explains the proper role of a state attorney general when a party challenges a state statute. In short, an attorney general owes the state and its citizens, as sovereign, a duty to defend its statutes against constitutional attack except when controlling precedent so overwhelmingly shows that the statute is unconstitutional that no good-faith argument can be made in its defense. To exercise discretion more broadly, and selectively to pick and choose which statutes to defend, only erodes the rule of law. (introduction)
Recommended Citation
Zoeller, Gregory F.
(2015)
"Duty to Defend and the Rule of Law,"
Indiana Law Journal: Vol. 90:
Iss.
2, Article 2.
Available at:
https://www.repository.law.indiana.edu/ilj/vol90/iss2/2
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