Democratic attorneys general ready for new legal battles with Trump

They have learned from past battles and are ready to defend policies on immigration, abortion, the environment, and more.

During Trump’s first presidency, state attorneys general filed many lawsuits against his policies. Some of those cases, like the fight over the 2017 travel ban, set the tone for years of legal confrontations. This time, Democratic leaders are more prepared.

When Trump first took office, attorneys general often had to act quickly. Bob Ferguson, Washington’s outgoing attorney general, described it as “building the airplane while flying it.” But now, there’s a stronger foundation.

Many current attorneys general served during Trump’s first term or inherited teams experienced in these legal fights. They’ve been studying Trump’s campaign promises and conservative policy plans, such as Project 2025. This helps them anticipate what legal actions they may need to take.

Nick Brown, Washington’s attorney general-elect, is looking at how legal doctrines like standing have changed since Trump’s first term. Other attorneys general have prepared strategies for issues like abortion bans and mass deportation.

Democrats expect major legal fights on:

• Immigration: Potential mass deportations.
• Abortion: Challenges to a national abortion ban.
• Environment: Protecting climate policies.
• Consumer Protection: Guarding against rollbacks of safeguards.

California Attorney General Rob Bonta said, “We expect him to do what he says.” He emphasized the importance of being ready for lawful challenges to unlawful policies.

Several current governors, like Maura Healey of Massachusetts, previously served as attorneys general. Their experience battling Trump’s first administration will guide their states. These governors can support legal challenges by securing funding or passing supportive legislation.

Andrea Joy Campbell, Massachusetts’ current attorney general, said having Healey in the governor’s seat is “critical” for facing Trump’s policies.

Democratic attorneys general plan to focus their lawsuits on clear legal violations. Illinois Attorney General Kwame Raoul explained that his office works with federal agencies on issues like the opioid crisis, regardless of who is president. However, he said they won’t hesitate to sue if Trump’s policies harm their residents.

“We won’t lash out for the sake of lashing out,” Raoul said.

Wisconsin Attorney General Josh Kaul also emphasized that people’s rights must be protected. He noted that many voters supported Trump for economic reasons, not to see rights taken away.

The legal landscape has changed since Trump’s first term. The Supreme Court is now more conservative, with three Trump-appointed justices. This could make legal battles harder for Democrats.

At the same time, some Biden-era rulings have increased scrutiny on federal agencies. Democratic attorneys general plan to use these rulings to their advantage.

State courts and federal circuit courts will also play a big role. The 9th Circuit, once a liberal stronghold, is now more balanced after Trump appointed 10 judges. The 1st Circuit in the Northeast remains a safer venue for Democrats.

Despite the challenges, Democrats point to their success rate during Trump’s first term. Courts ruled in their favor in about 80% of the cases they brought against his administration.

New Jersey Attorney General Matthew Platkin is confident this record will continue. “The courts have often sided with the rule of law,” he said.

Democratic attorneys general have been coordinating across states to prepare for Trump’s second term. The Democratic Attorneys General Association has grown significantly since 2017, allowing for better communication and strategy.

The group has hosted conferences and private meetings to discuss potential legal challenges. These gatherings ensure that states are ready to lead on key issues.

Democrats understand that Trump’s second term will bring new legal and political challenges. They are determined to protect their states and uphold the law.

As Connecticut Attorney General William Tong put it, “If there’s no deference to agencies under Trump, then there’s no deference.”