Bipartisan State Efforts to Control Prescription Drug Costs

At the top of the agenda for the 800 state health policymakers who crowded into this year's annual conference of the National Academy for State Health Policy were bipartisan state efforts to control the costs of prescription drugs.  24 states have passed legislation designed to hold back price increases and almost all of them have been challenged by drug companies in lawsuits that will be defended by state attorneys general.

This is an issue that is only going to loom larger for all attorneys general, their legislatures, and their administrative agencies in the months ahead.

• Robert Pear, "States Rush to Rein In Prescription Costs, and Drug Companies Fight Back," New York Times, Aug. 18, 2018.

A Valuable Study of State AG Actions on Behalf of Immigrants

In a recent post on ACS Blog, Jonathan Miller, Chief of the Public Protection and Advocacy Bureau in the Office of the MA Attorney General, provides a thoughtful study of the ways in which some state attorneys general are responding on behalf of immigrants to new federal immigration policies.  

Reviewing the range of litigation, Miller points out that lawsuits tell "only a piece of the story of the work by State AGs and many of their counterparts at the local level in support of immigrant communities." His post then looks at other ways in which AGs are responding, including enforcement actions protecting immigrants against abuses from landlords, employers, and others, and connecting with groups that serve as trusted partners for immigrants.

I learned from reading Jon's post, and I think you will, too.

• Jonathan Miller, "Beyond the Courts: The Role of State and Local Governments in Supporting Immigrant Communities in the Trump Era," ACS Blog, July 19, 2018.

State AGs Taking on "No Poach" Agreements

Washington Attorney General Bob Ferguson and his staff have secured agreements with eight fast food chains to stop using “no poach” or “no hire” agreements. No-poach clauses prevent workers from switching jobs within the same chain, limiting workers’ ability to advance and depressing their wages and bargaining power.

In addition, in July, ten state attorneys general and D.C. initiated a separate inquiry into a number of fast food companies for this same practice. Since then, three additional states have joined that multi-state effort.

AGs Acting at the State-Level to Protect the Environment

There is more to protecting the environment than opposing the policies of the current federal administration, as Vermont Attorney General T. J. Donovan has been demonstrating. His office, working with his state agency, recently resolved two issues arising from violations of solid waste disposal.

Other states also continue to be active at the state level.

With all the furor over environmental actions taken by the federal government, it is wise to remember that AG's are carrying out their environmental protection responsibilities at home.

• "Attorney General Donovan Announces Recent Environmental Actions," Press Release, Office of the Vermont Attorney General, August 13, 2018.
   
• "A.G. Underwood And Gov. Cuomo Announce First-Ever State Suit Against Manufacturers For Use Of Their Hazardous Firefighting Foam," Press Release, New York State Attorney General, June 20, 2018.
   
• Stoel Rives, "At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and Industry Should Get Prepared," JD Supra, March 6, 2018.
   
• "Madigan Sues Trump Tower for Allegedly 'Jeopardizing Fish and Aquatic Life in the Chicago River,'" NBC Chicago, August 14, 2018.
   
• Ohio EPA News Releases

For an excellent compendium of state environmental action matters, see the Sabin Center's database of State Attorneys General Environmental Actions and also check out the Environment Policy Area page on our website.

Peter Brann on Kavanaugh: We’ve seen this movie before

My teaching colleague Peter Brann, former Solicitor General of Maine, has written a blog post for the American Constitution Society that is getting some serious attention. As the U.S. Senate weighs Judge Kavanaugh's assertions on precedence, Brann argues that:

“We’ve seen this movie before.… While Judge Gorsuch told Congress during his confirmation that ’precedent is the anchor of the law, ’ Justice Gorsuch had no problem immediately unmooring precedents dating back over 50 years….”

Brann's incisive catalog of Gorsuch writings speaks volumes as he urges the Senate, “[i]n evaluating Judge Kavanaugh, … [not to] be satisfied with empty platitudes about respect for precedent.” 

• Peter J. Brann, ”We Won’t Get Fooled Again, ACS Blog, August 6, 2018.

A Sophisticated Platform for Anti-Fraud Efforts in the Nonprofit Sphere

Media across the country have carried the story of how all 50 state attorneys general and the Federal Trade Commission came together to crack down on organizations perpetrating fraud against our veterans. This well-coordinated effort, Operation Donate with Honor, is not only a success in and of itself. It also reveals an expanding and sophisticated platform for future anti-fraud efforts in the nonprofit sphere.

The result of years of painstaking work by career prosecutors on both the state and federal level, this initiative highlights the efforts of the National Association of State Charity Officials (NASCO).  A regular visit to NASCO's improved website is in order for anyone interested in nonprofit fraud prosecutions

• "FTC and States Announce National Initiative to Combat Fraudulent Charities That Falsely Claim to Help Veterans and Servicemembers," NASCO (National Association of State Charity Officials), July 19, 2018.