Also known as:Attorneys General of the United States · U.S. Attorney General · US Attorney General · Attorney General
Written by attorneys · grounded in primary & secondary sources — see below
An officer appointed by the President with the advice and consent of the Senate who heads the Department of Justice and directs the conduct of litigation in which the United States is a party.
Sources & Authorities
How it applies
Common Examples
6
Federal Litigation Direction
A federal agency faced a contract dispute with a private contractor. The attorney general directed Department of Justice attorneys to assume conduct of the litigation. The court recognized the attorney general's statutory authority over the matter.
School Segregation Challenge
State education officials maintained separate facilities for students based on race. The attorney general participated in the federal litigation seeking to end the practice. The court invited the attorney general to submit arguments on the appropriate remedy.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
Commission Delivery Dispute
President Adams signed commissions for several justices of the peace but left them undelivered. The attorney general's predecessor represented the applicants seeking mandamus to compel delivery. The court addressed whether the attorney general's prior role affected the proceeding.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Detainee Treatment Litigation
Federal officials implemented a policy of detaining individuals suspected of terrorist ties. The attorney general was named as a defendant in the resulting civil action. The court evaluated whether the complaint sufficiently alleged the attorney general's personal involvement.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Marriage Recognition Suit
Same-sex couples challenged state laws limiting marriage to opposite-sex pairs. The attorney general defended the statutes in federal court. The court considered the attorney general's arguments on equal protection and due process claims.
Obergefell v. Hodges576 U.S. 644 (2015)
Publication Injunction Request
A newspaper prepared to publish classified government documents. The attorney general sought an injunction to prevent release. The court weighed the attorney general's national security claims against First Amendment protections.
New York Times Co. v. United States403 U.S. 713 (1971)
Common questions
Frequently Asked
3
Who appoints the Attorney General of the United States?+
The President appoints the Attorney General by and with the advice and consent of the Senate. The appointee then serves as head of the Department of Justice.
Supporting sources
What authority does the Attorney General hold over federal litigation?+
The Attorney General directs the conduct of litigation in which the United States is a party or interested. This authority is exercised through officers of the Department of Justice.
Supporting sources
Does the Attorney General receive notice in constitutional challenges to federal statutes?+
Yes. A party questioning the constitutionality of a federal statute must serve notice on the Attorney General of the United States by certified or registered mail.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the UnitedStates, to show cause why a mandamus should not issue commanding him to cause to be delivered to…