The issue focused on medical marijuana legislation that legalized recreational use in Colorado and Washington state. They proposed legalizing medical marijuana because they wanted to legalize medical marijuana under federal law. But federal prosecutors refused to prosecute medical marijuana prosecutions for illegal possession of medical marijuana.

Though attorneys involved in these lawsuits accused Attorney General Eric Holder of acting improperly, Justice Department lawyers argued that attorney general enforcement laws don't apply when criminal prosecution can result in civil litigation. Justice Department attorneys agreed with Justice Department attorneys that enforcement laws don't apply when criminal