Blue States Worry That Blocking Trump Will Be Tougher This Time
The New York Times
Democrat-led states successfully challenged policies during the first Trump administration. Now, they worry the new White House will be more prepared and less restrained.
During the early days of Donald J. Trump’s first presidency, lawyers at the attorney general’s office in Washington State would gather to strategize about what they saw as troubling directives being handed down by the White House.
There were orders barring travelers from Muslim-majority countries, rolling back environmental rules and ending protections for young immigrants. Lawyers in Washington and other states controlled by Democrats believed the actions were endangering rights and lives.
But there was one thing working to their advantage: Many of the administration’s orders were written in such a sloppy fashion, said Bob Ferguson, Washington State’s attorney general, that he repeatedly asked his staff members the same question: “Do you guys think a lawyer looked at this?” Often, it seemed as if nobody had, which gave the state ample opportunities to pursue what became a stream of successful legal challenges.
Now, as Mr. Trump prepares for a second term, Mr. Ferguson said he anticipated that the initiatives from the incoming White House might not carry the same flaws. Mr. Ferguson, a Democrat who was recently elected to be Washington’s next governor, said Mr. Trump has built a cadre of advisers who have spent years planning ways to implement their plans for the country. The new administration also stands to benefit from a court system now tilted more in Mr. Trump’s favor.
“A concern I have is that Donald Trump and his administration may well be better prepared on their end,” Mr. Ferguson said.
Around the country, states led by Democrats have expressed alarm about many of the new measures that Mr. Trump and his allies have described and have made broad preparations of their own. Lawyers have been scouring through the conservative policy plan known as Project 2025, and they have been strategizing how to challenge any such plans in an altered judicial landscape. Private advocacy groups have hundreds of lawyers ready to go to court. Governors in Democratic-led states have been preparing to coordinate. This week, Democratic attorneys general were gathering for a meeting in Pennsylvania.
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