The filing continues to note that the stay was lifted as a result of the decision on February 10, 2025, after which plaintiffs filed an amended complaint on April 28, and defendants filed to dismiss the claims against them on June 11 – while never questioning the constitutionality of the CVA.

The Attorney General states that his interest in this case is defending the constitutionality of the CVA, rather than advocating for any specific party in the merits of their case.

“While the defendants in this case have alluded to constitutional challenges in their respective answers, including raising constitutional questions apparently already answered by the Supreme Court… They have not yet articulated what those challenges are,” the filing continues. “The Attorney General therefore cannot yet determine the basis for defendants’ assertions.”

The Attorney General continues to say that intervention would prevent the court from having to consider “unnecessary constitutional questions that defendants may not have ultimately raised.”

Judge James K. Bredar approved the Attorney General’s intervention for those purposes on April 2. As a result, counsel representing the Attorney General will attend the conference call on April 8 regarding scheduling going forward. 

The McMahons have never argued whether the alleged abuse occurred, but rather that they had no actionable knowledge nor a valid duty of care that should make them defendants in this case. No official decision has been made on the merits of the allegations or claim.