Saikrishna Prakash, who co-authored the Yale Law Journal article with Devins, said that as the practice has grown in popularity, attorneys general around the country have an increasing awareness of their ability not to defend state laws. "In terms of opportunity, I would just say as more state attorneys general do this, it becomes an option," said Prakash, who is a law professor at the University of Virginia and a senior fellow at the university's Miller Center.
Saikrishna Prakash