State AGs And The High Court: 2014 Term Preview

In recent years, State Attorneys General (AGs) have frequently played the role of both active litigant and friend-of-the-courtin cases before the U.S. Supreme Court, and the upcoming 2014 term is proving to be no different. The following is a preview of the major cases with significant AG amicus participation for which certiorari has been granted thus far. In addition to the cases highlighted below, AGs are active this term in representing their states before the court on a diverse array of issues relating to state taxation,¹ habeas petitioner appeal rights,² and gerrymandering.³ AGs are also likely to submit amicus briefs in two major First Amendment cases before the Court this term, Elonis v. United States (whether proof of the defendant's subjective intent to threaten is necessary for a conviction under 18 U.S.C. § 875(c)),⁴ and Reed. v. Town of Gilbert, Arizona (whether the town's mere assertion of a lack of discriminatory motive renders its facially content-based