'First line of defense': Democratic
states vow to fight Trump in court
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[November 18, 2016]
By Lawrence Hurley
WASHINGTON (Reuters) - Democratic attorneys
general in at least five U.S. states have vowed to fight President-elect
Donald Trump in the courts if he rolls back Obama-era regulations or
adopts policies they view as infringing upon civil liberties.
With Republicans controlling the White House and both chambers of
Congress, the Democratic Party looks set to rely more heavily on top law
officials in states they run to help keep a check on Trump's exercise of
power.
Any efforts by a Trump administration to weaken consumer protection or
climate change policies, for example, could lead to conflict between the
states and the federal government, attorney general offices in Maryland,
Virginia, Washington, Massachusetts, and New York told Reuters. In some
instances, that could see them asking a federal judge to block federal
action nationwide.
"I view my role as being on the first line of defense against a Trump
administration if it chooses to act in an unconstitutional fashion,"
said Bob Ferguson, the Democratic attorney general of Washington state.
When George W. Bush was president, Democratic states forced his
administration to take the first step toward regulating carbon emissions
for the first time.
Michael Kelly, a spokesman for Virginia's attorney general, Mark
Herring, said that if a Trump administration "crosses the line and
pursues actions that are illegal or violate the Constitution, Attorney
General Herring will be ready to stand up and defend the rights of
Virginians."
The Trump transition team did not respond to a request seeking comment.
Attorneys general are the top legal officials in the 50 states and are
typically elected. After this year’s elections, 21 will be Democrats, in
addition to the attorney general for the District of Columbia.
Acting on behalf of their states, they generally have legal standing to
bring lawsuits challenging federal regulations or executive actions,
including those that may infringe upon civil rights.
"The President-elect has made a number of promises that, if implemented,
would violate the Constitution or Massachusetts law," Massachusetts
Attorney General Maura Healey said in a statement.
"If the incoming administration chooses to try to act in ways that are
unconstitutional, my office will take action to protect the rights and
liberties of our residents and our state," she said.
SYMPATHETIC HEARING
A dozen attorney general offices contacted by Reuters declined to
discuss potential legal strategies before Trump takes office.
Democratic states that sue might initially get a sympathetic hearing, as
many federal courts are staffed with judges appointed by President
Barack Obama during his eight years in office.
But challengers face one major obstacle, a Supreme Court likely soon to
regain its conservative majority once Trump makes an appointment to fill
a vacant seat. The court is currently divided 4-4 between conservatives
and liberals.
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The mascots of the Democratic and Republican parties, a donkey for
the Democrats and an elephant for the GOP, are seen on a video
screen at Democratic U.S. presidential candidate Hillary Clinton's
campaign rally in Cleveland, Ohio in this March 8, 2016 filem photo.
REUTERS/Carlos Barria
Republican-controlled Texas, which took a leading role in
challenging Obama's executive actions, provides a model for the
Democratic attorneys general.
Climate change is likely to be area of friction between Trump, who
has vowed to roll back regulations aimed at cutting greenhouse
gases, and Democratic states, which have supported such efforts at
the federal level or enacted their own measures.
The top target for Trump is Obama's Clean Power Plan, which seeks to
limit carbon emissions from power plants.
Amy Spitalnick, a spokeswoman for New York Attorney General Eric
Schneiderman said his office "will continue to fight to protect New
Yorkers’ public health, property, and environment, and to lead the
coalition of states defending the Clean Power Plan."
Immigration policy is another potential flashpoint. Trump has said
he will rescind an Obama executive order giving deportation relief
to up to 4 million people and end federal funding for cities like
New York and Los Angeles that give sanctuary to undocumented
immigrants.
A federal court blocked the Obama executive order in February 2015
after Texas and 25 other Republican states challenged it. The
Supreme Court split 4-4 on the issue in June, leaving the lower
court's ruling in place.
On consumer protection, states can both challenge any Trump efforts
to loosen regulations and ramp up their own enforcement efforts,
said Doug Gansler, a Democrat who served as Maryland's attorney
general from 2007 to 2015.
"If the federal government abdicates that responsibility, the more
aggressive and progressive state attorneys general will fill that
vacuum," he said.
(Reporting by Lawrence Hurley; editing by Amy Stevens and Ross
Colvin)
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