ICYMI: Democratic AGs Launch Defense of Biden Era Policies Ahead of Trump Inauguration

January 17, 2025

Dem AGs also plan to fiercely defend gun regulations passed under the Biden administration

Washington, DC  – This past week, Democratic attorneys general from around the country have been working tirelessly to put up their defenses against the Trump administration’s promise to repeal Biden-era regulations and policies. Democratic AGs from more than a dozen states have asked the courts to help them defend and protect regulations regarding immigration, health care, the environment, and gun safety – policies that Trump and his allies have promised to eliminate when he is sworn into office. 

While the Trump administration seeks to undo progress made by the Biden administration, Democratic AGs are ready to use the rule of law to protect the civil liberties and rights of all Americans.

Here’s a look at some of the key headlines from this week:

Bloomberg Law: Trump’s Legal Showdown With Blue State AGs Is Already Happening

  • “Democratic state attorneys general spent the final week of the Biden administration asking judges for permission to join ongoing fights over immigration, the environment and guns where they fear US agencies will change position once President-elect Donald Trump is sworn in.”

  • “Their push on the eve of Trump’s inauguration is a preview of what’s expected to be a bitter relationship between his administration and officials of so-called blue states…AGs from such states were a thorn in Trump’s side during his first term and appear eager to reprise their roles.”

  • “On Jan. 15, more than a dozen Democratic AGs asked to join a pending case in North Dakota federal court to defend a Biden administration rule allowing non-citizens who came to the US as children to enroll in health insurance under the Affordable Care Act.”

  • “The US government ‘can no longer be counted on’  to represent the states’ interests or pursue arguments about the ‘proper scope’ of the healthcare law, wrote the officials, led by New Jersey Attorney General Matthew Platkin.”

  • “The state AG said much of his focus was actually on protecting state residents from the incoming president. ‘Trump has made clear from his words and actions that he is singling out California to be vindictive, to treat harshly and in unfair ways,’ [California AG] Bonta said, adding, ‘So we’re prepared for anything.’”

  • “‘This is not about preventing the president from putting policies in place that he sees fit, even if I personally disagree with them,’ said New Jersey’s Matthew Platkin. ‘This is about ensuring that the law is enforced and that people’s rights that are enshrined in the law are protected. And ultimately, the president, while elected, is not a king.’”

  • “Nevada Attorney General Aaron Ford… echoed Platkin. Trump ‘has a penchant for violating the law, and we as AGs have a responsibility to those who are striving for justice,’ Ford said.”

  • Democratic AGs believe they have a guide to Trump’s policy “wish list” in the Heritage Foundation’s controversial Project 2025. Though he distanced himself from it during the campaign, the AGs say they expect him to adopt many of its proposals. ‘I expect that this is going to get ugly, ‘ said Connecticut Attorney General William Tong, who participated in numerous multistate suits during Trump’s first term.”

Reuters: Democratic states brace for Trump by launching defense of Biden policies

  • “On Wednesday, AGs from more than a dozen states, including California, New Jersey and Michigan, asked a federal judge to let them take on the role of defending a Biden rule providing health insurance to immigrants brought to the country illegally as children.”

  • “’I don’t wake up every day dying to sue the president of the United States,’ Platkin said, adding that Trump is entitled to his agenda. ‘He is not entitled to violate the rule of law, and he is not entitled to undermine our residents’ rights in ways that hurt them.’”

  • “Coalitions of state attorneys general have emerged over the past decade, using the courts to thwart federal government policies in areas ranging from healthcare to energy and financial regulation.”

  • “Democratic AGs formed coalitions during Trump’s first administration to counter his policies, bringing 155 lawsuits and notching an 83% success rate, according to a database maintained by Paul Nolette, a Marquette University political scientist.”

  • “…Democratic AGs also have more seasoned staff of hundreds of lawyers who learned from the previous legal battles.”

AP: More than a dozen Democratic AGs say they’ll defend gun regulations ahead of Trump’s 2nd term

  • “More than a dozen Democratic state attorneys general said Thursday they plan to defend two gun regulations now being challenged in court, including one banning devices that enable semiautomatic guns to fire more quickly.”

  • “New Jersey Democratic Attorney General Matt Platkin said his state and others with Democratic attorneys general, plan to intervene in cases already in the court system ahead of President-elect Donald Trump’s inauguration Monday.”
  • “‘The incoming Administration has threatened these common-sense protections, so States are stepping in,’ Platkin said in a statement.”

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