Trials & Litigation

The tables turn as Democratic attorneys general prepare to challenge Trump policies

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Donald Trump

Photo of President-elect Donald Trump by vnews.tv / Shutterstock.com.

Taking a cue from their Republican counterparts, some Democratic state attorneys general are prepared to file lawsuits that challenge Donald Trump’s administration’s actions.

An argument advanced by Republicans—that states must help block federal overreach—is now likely to be adopted by Democrats, the New York Times reports.

“The strategy could be as simple as mirroring the blueprint laid out by their Republican colleagues, who made something of a legal specialty of tormenting President Obama,” the newspaper reports. “Conservative attorneys general in states including Texas, Virginia and Florida have sued the Obama administration dozens of times, systematically battering Mr. Obama’s signature health care, environmental and immigration policies in the courts.”

The Democrats are likely to use Republican litigation tactics too, according to American University law professor Amanda Frost. Those tactics include filing suit in friendly jurisdictions to gain nationwide injunctions.

Lawsuits will be deployed not only to challenge alleged unconstitutional policies, but also to police Wall Street and enforce environmental regulations, according to the article.

Two Democratic attorneys general are already causing headaches for Donald Trump and one of his cabinet picks. New York Attorney General Eric Schneiderman is investigating Trump’s charitable foundation for possible violations of state law. And Massachusetts Attorney General Maura Healey is investigating whether Exxon Mobil lied to investors about climate change. Trump has tapped Exxon Mobil’s CEO, Rex Tillerson, to be secretary of state.

Schneiderman has also pledged to push the Environmental Protection Agency to enforce environmental laws, which could be a thorn in the side of Trump’s chosen EPA chief, Scott Pruitt. Pruitt is currently attorney general of Oklahoma and has used his position to fight the EPA’s clean energy regulations.

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