With the upcoming Republican control of the White House and both houses of Congress, Washington Democrats face limited options to counter this switch, particularly given the party’s 53-seat majority in the Senate.
Democratic state attorneys general are prepared to step in to address the gaps left by the federal government. They are ready to challenge the anticipated overreach of the incoming administration and continue the current administration’s initiatives, particularly regarding the protection of vulnerable communities.
President-elect Donald Trump will manage thousands of law enforcement personnel and civil servants, overseeing numerous federal agencies within the Department of Justice, including the FBI, the Drug Enforcement Administration, and the Federal Bureau of Prisons.
Democratic attorneys general prepare to counter Trump administration policies
Additionally, various civil rights divisions, including the Civil Rights Division, the Environment and Natural Resources Division, the Office of Community Oriented Policing Services, and the Office of Justice Programs, will also fall under the authority of the Trump Justice Department.
Trump plans to appoint 94 U.S. attorneys, each endowed with civil and criminal jurisdiction within their respective districts. The recent election’s impact on civil and criminal justice systems is substantial and cannot be overlooked. As in his first term, Democratic attorneys general will play a crucial role in holding the administration accountable for any legal overreach.
During Trump’s first administration, he faced hundreds of lawsuits, with Democratic attorneys general initiating at least 138 of those cases. Key issues included legal actions against Trump concerning the border wall, the travel ban, DACA, protections for transgender health, family separations at the U.S.-Mexico border, and student loan protections.
Trump has signaled his intent to continue building upon his first-term initiatives. In light of Republican dominance in both Congress and the presidency, Democratic attorneys general are well-positioned to effectively utilize their legal authority to challenge the Trump administration.
Beyond pursuing legal action against any overreach, Democratic attorneys general will also need to advance the rights and freedoms initiated under the Biden administration, particularly for vulnerable populations. For instance, Trump’s Justice Department must decide whether to uphold or reverse Biden’s efforts to invalidate laws prohibiting certain transgender healthcare for minors enacted in nearly half the states.
Should Trump’s Justice Department choose not to contest these laws, Democratic attorneys general, alongside Democratic governors and state legislatures, will have to seek ways to protect the transgender community, including medical professionals who provide essential care.
Due to Trump’s Justice Department’s probable lack of robust investigations into local law enforcement agencies—unlike the current administration’s twelve investigations initiated since 2021—it will fall to Democratic attorneys general to probe agencies with records of civil rights violations.
The encouraging news is that they are already taking proactive steps. On various issues such as reproductive rights, environmental justice, gun safety, public safety, and enforcing workers’ rights, Democratic attorneys general are demonstrating their capability as effective enforcers.
In this regard, Nevada Attorney General Ford, a former co-chair of the Democratic Attorneys General Association, has committed to being a “bulwark” against Trump’s anti-immigrant policies.
New Jersey Attorney General Platkin has pledged to take legal action against Trump should he unlawfully infringe on the rights of residents. Immediately after Trump’s election, Massachusetts Attorney General Campbell expressed her readiness to act against any threats from his administration.
Additionally, three newly elected attorneys general in Washington, Oregon, and North Carolina have expressed their commitment to resisting the Trump administration as necessary. Next year, Democratic attorneys general can further strengthen their coalition by flipping the Virginia seat and maintaining the New Jersey position through the election of a Democratic governor who will appoint the next attorney general for that state.
Undoubtedly, Democratic attorneys general will be crucial players on the national stage in the coming four years, and it is imperative to support their efforts.
