"There are a lot of things about these settlements that are nonstandard,\" said Schlanger. Some have very short timelines — as little as two years for a state to fix deep-seated problems. And if the states don't fix the problems, Schlanger said, \"these are agreements that expire regardless of what the defendant does.\" Schlanger explains that the settlements give states an incentive to spin their wheels for two years. \"They can run out the clock,\" said Schlanger. \"That's why it's a red flag.\"

Some of the settlements also say a judge cannot intervene if a state fails to comply with the agreement. \"If the United States says there's noncompliance, all it can do is get the action reinstated, at which point it's back to square one,\" said Schlanger. \"That's not how you settle cases.\"