Legal Definitions - attorney general's opinion

An attorney general's opinion is a formal, written legal interpretation provided by the chief legal officer of a government. This can be either the U.S. Attorney General at the federal level or a state's Attorney General at the state level.

These opinions are typically issued in response to a request from another government official, agency, or sometimes a legislative body, seeking clarification on how a specific law, regulation, or constitutional provision should be understood or applied in a particular situation. While not legally binding in the same way a court ruling is, these opinions carry significant weight and are often followed by government entities unless a court later rules differently.

Here are some examples illustrating how an attorney general's opinion might be used:

• Federal Level - Executive Policy Interpretation:

  Imagine the Secretary of Health and Human Services is considering a new federal initiative to regulate certain emerging medical technologies. Before launching the program, the Secretary wants to ensure that the proposed regulations fall within the existing statutory authority granted by Congress and do not conflict with other federal laws. The Secretary would formally request an attorney general's opinion from the U.S. Attorney General. This opinion would provide a detailed legal analysis of the department's authority and the legality of the proposed regulations, guiding the Secretary's decision-making process.

• State Level - Agency Authority:

  A state's Department of Motor Vehicles (DMV) is grappling with how to license and regulate new autonomous vehicle services. The existing state laws were written before such technology existed, and the DMV is unsure if its current regulatory powers extend to these new services or if new legislation is required. The Director of the DMV would request an attorney general's opinion from the state's Attorney General. The opinion would interpret the relevant state statutes, clarifying whether the DMV has the legal authority to regulate autonomous vehicles under current law or if legislative action is necessary.

• State Level - Local Government Powers:

  A county commission in a particular state wants to implement a new local tax on sugary beverages to fund public health initiatives. Before passing the ordinance, the commissioners are concerned about whether state law preempts (overrides) local governments from imposing such taxes, or if they have the legal authority to do so. The county attorney, on behalf of the commission, would request an attorney general's opinion from the state's Attorney General. The opinion would interpret state tax laws and local government powers, advising the county commission on the legality of their proposed tax.