[bpodgursky]

No, whether the AG is has the correct interpretation of the law is tested in court.

The AG's stance on whether an action is a crime, and their policy towards prosecution, does not need to be tested in court. That is something they can communicate without litigation.

[monocasa]

That sounds like what they're doing. This whole thing is about the AG writing two legal advisories, not explicitly beginning the litigation process.