During the early days of Donald J. Trump’s first presidency, lawyers at the attorney general’s office in Washington State strategized about directives from the White House that they deemed troubling. These included orders barring travelers from Muslim-majority countries, rolling back environmental regulations, and ending protections for young immigrants. Legal professionals in Washington and other Democratic-controlled states believed these actions endangered rights and lives.
Bob Ferguson, Washington State’s attorney general, noted that many of the administration’s orders were poorly drafted, prompting him to question whether a lawyer had reviewed them. This lack of legal scrutiny provided the state with opportunities for successful legal challenges.
As Mr. Trump prepares for a second term, Mr. Ferguson expressed concerns that the incoming administration might be better organized. He indicated that Trump has assembled advisers who have been planning their initiatives for years and that the current court system may be more favorable to Trump’s policies.
Democratic-led states across the country have voiced alarm over the new measures proposed by Mr. Trump and his allies. Lawyers are analyzing the conservative policy plan known as Project 2025 and strategizing on how to challenge these plans in a potentially altered judicial landscape. Advocacy groups have mobilized hundreds of lawyers, and Democratic governors are coordinating their responses. Recently, Democratic attorneys general convened in Pennsylvania to discuss their strategies.
The incoming administration, buoyed by recent electoral victories, possesses greater political power than Mr. Trump did eight years ago, with Republicans controlling Congress and a conservative-leaning Supreme Court. This situation positions Democratic state officials as key players in mounting political and legal challenges.
Mr. Trump has outlined a broad vision for altering national policies, including plans for detaining undocumented immigrants and rolling back environmental protections. He has also suggested deploying U.S. troops for border security and to manage protests in Democrat-controlled cities.
Mr. Trump is expected to appoint loyal supporters to key positions, including the attorney general's office. Pam Bondi, the former Florida attorney general, has been nominated, following the withdrawal of Matt Gaetz due to bipartisan resistance over allegations of misconduct.
William Tong, Connecticut’s attorney general, expressed concerns that the Trump Justice Department would be more prepared to defend its policies in court, potentially operating with fewer political and ethical constraints than during his first term.
During Mr. Trump’s first administration, procedural flaws in executive orders often hindered the White House’s initiatives. For instance, when Trump attempted to end the Deferred Action for Childhood Arrivals policy, legal challenges led to the Supreme Court siding with the states, citing improper administrative procedures.
Washington State was involved in 99 lawsuits against the federal government during Trump’s first term, achieving 55 victories. The state faced losses in three cases related to law enforcement funding and the counting of undocumented immigrants.
Erwin Chemerinsky, dean of the law school at the University of California, Berkeley, anticipates significant legal battles between Democratic-led states and the Trump administration, which could reshape federal-state relations. He noted that the administration might attempt to compel state and local governments to assist in immigration enforcement, a matter likely to be litigated again.
Democratic leaders have indicated a willingness to circumvent the administration if necessary. California previously navigated around Trump’s attempts to block stricter auto emissions standards by negotiating with major automakers. The state is now seeking permission from the Biden administration to phase out gasoline-powered vehicles by 2035.
Despite concerns about the administration’s preparedness, some Democrats remain hopeful about the potential for successful litigation against Trump’s initiatives. Phil Weiser, Colorado’s attorney general, expressed optimism that foundational legal principles would prevail, even if the Supreme Court issues rulings he finds objectionable.
Mr. Trump’s presidency has united Democratic attorneys general, who have maintained regular meetings since his first term began. As they convened in Pennsylvania, the urgency of their preparations was underscored by the uncertainty of future challenges.
“We don’t know exactly what’s coming and how it’s going to come, so we just need to be ready,” said Ellen Rosenblum, the attorney general of Oregon. “I don’t think there are any A.G.s on vacation right now.”