Democratic-led states preparing to challenge President-elect Donald Trump’s policies face a challenging legal landscape after his first-term appointments. These appointments have established a conservative supermajority on the U.S. Supreme Court and reduced the influence of liberal judges on key appeals courts that had previously blocked parts of Trump’s agenda.
During Trump’s first term, Democratic state attorneys general filed 155 multistate lawsuits against his policies, achieving an impressive 83% success rate, according to a database maintained by Marquette University political scientist Paul Nolette. States like California and Washington led these legal efforts and are preparing to do so again. The 23 states with Democratic attorneys general are currently reviewing Trump’s campaign promises and laying the groundwork for legal challenges on issues such as immigration, the environment, and healthcare.
California Attorney General Prepares for Legal Action
California Attorney General Rob Bonta stated, “We’ve thought about the legal arguments. We, in many cases, have briefs ready to file. Just got to cross the t’s, dot the i’s, and press print.” One potential target for litigation is Trump’s plan to deport millions of undocumented immigrants, a significant concern for California, which is home to over 10 million immigrants. The California Department of Justice, under Bonta’s leadership, is set to receive much of the $25 million in funding requested by Democratic Governor Gavin Newsom for legal battles against the Trump administration.
Judicial Landscape Transformed by Trump Appointments
However, these lawsuits will navigate a federal judiciary that has been significantly altered by Trump during his first four years in office, with 234 judicial appointments, including three U.S. Supreme Court justices, resulting in a 6-3 conservative majority. Trump’s appointees have shifted the court’s rulings to the right, overturning the nationwide right to abortion, expanding gun rights, and limiting government regulatory authority.
The Supreme Court hears only a limited number of cases each year, and before any case can reach the justices, it must first pass through lower courts, including federal appeals courts that often have the final say. Trump also appointed 54 appellate judges, flipping 19 seats previously held by Democratic appointees on intermediate courts.
The 9th Circuit Court’s Shift in Dynamics
The San Francisco-based 9th U.S. Circuit Court of Appeals, once considered the most liberal of the 12 regional appeals courts, played a crucial role in challenging Trump’s policies during his first term. Many cases were filed in the Northern District of California, where all 14 active judges are Democratic appointees. However, Trump appointed 10 conservative judges to the 9th Circuit, which now has 16 Democratic appointees and 13 Republican appointees, increasing the likelihood of conservative panels hearing appeals.
Legal experts suggest that this shift may alter the strategy for litigants looking to challenge Trump’s policies, potentially leading them to seek more favorable jurisdictions with reliably liberal benches. Even if courts ultimately rule in favor of the Trump administration, a multitude of lawsuits across various jurisdictions could delay and complicate the implementation of his agenda.
Alternative Venues for Legal Challenges
Experts believe that Democratic-led states may have better odds in the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, particularly by filing lawsuits in Maryland, where federal courts are dominated by Democratic appointees. Maryland Attorney General Anthony Brown has indicated he is seeking additional funding for federal litigation to prepare for potential lawsuits against the Trump administration.
Another potential venue is Massachusetts, where Democratic Attorney General Andrea Campbell is preparing for litigation. Appeals from federal judges in Massachusetts go to the Boston-based 1st U.S. Circuit Court of Appeals, which has no Trump appointees and a majority of judges appointed by Democrats.
As Democratic states gear up for legal battles against Trump’s policies, the evolving judicial landscape presents both challenges and opportunities in their quest for justice.
