Rule of Law Speaker Series: Colorado Attorney General Phil Weiser

Why It Matters

Weiser’s litigation strategy demonstrates how state attorneys general can check federal overreach, preserving funding and constitutional rights while shaping future intergovernmental power balances.

Key Takeaways

• Colorado AG sued federal government 53 times in 13 months.
• Litigation protected over $1 billion in state funding and programs.
• Cases span voting rights, health grants, environmental and education funding.
• Weiser warns federal retaliation threatens constitutional state sovereignty.
• He urges law students to pursue careers in state AG offices.

Summary

In a Rule of Law Speaker Series hosted by Stanford Law, Colorado Attorney General Phil Weiser outlined his office’s aggressive legal campaign against the federal government, describing a “Defend Colorado or Federal Accountability” initiative that has generated more than 50 lawsuits in the past year. Weiser, a former law professor and dean, highlighted that 30‑plus of those cases have resulted in victories, safeguarding roughly a billion dollars in state funding and protecting core Colorado interests ranging from voting administration and birthright citizenship to public‑health grants, SNAP benefits, and environmental programs.

The Attorney General emphasized the breadth of the litigation: a unanimous 9‑0 Supreme Court ruling affirming state control of elections, challenges to federal attempts to withhold health‑care and education grants, and successful suits over tariffs, solar‑energy incentives, and electric‑vehicle infrastructure. He warned that the current administration’s strategy of using funding as a political weapon threatens the constitutional balance between federal and state powers, describing the attacks as “vindictive” and “anti‑democratic.”

Weiser also used the platform to recruit future talent, urging law students to consider clerkships, fellowships, and internships in state AG offices. He cited his own path from academia to the attorney general’s office and highlighted collaborative efforts among blue‑state attorneys general to counter federal overreach, noting the importance of coordinated legal responses when political dialogue is unavailable.

The implications are clear: aggressive state‑level litigation is reshaping the federal‑state dynamic, setting precedents that could curb executive misuse of spending power and reinforce constitutional safeguards. For legal professionals and policymakers, Weiser’s strategy underscores the growing relevance of state attorneys general as pivotal defenders of the rule of law in an increasingly polarized national landscape.

Original Description

State attorneys general are the primary legal officers of their states, responsible for upholding the rule of law within the state. As Attorney General of Colorado, Phil Weiser has forcefully advanced this role, filing multiple lawsuits against the federal government for violating both statutory and constitutional law across a range of issues. Recently, Weiser’s office expanded its public complaint system to accept complaints about misconduct of federal agents, including ICE agents. The Neukom Center for the Rule of Law and the Stanford Criminal Justice Center are pleased to welcome AG Weiser to give his thoughts on how states can protect the rule of law and what opportunities and challenges face a state seeking to protect the rights of its citizens.