In the wake of the recent presidential election, State Attorneys General on both sides of the aisle are evaluating how a new Trump administration will potentially reshape their activities over the next four years. As previously documented on this blog, State AGs often bring lawsuits challenging the perceived excesses of a federal administration led by the opposing party. Further, as federal enforcement priorities change, State AGs may provide additional regulatory scrutiny in areas with reduced federal activity. While it is impossible to predict the full extent of these activities at this early stage, we aim to provide some insight.
Back in February, Massachusetts Attorney General Andrea Campbell unveiled her five-year strategic plan, reaffirming her commitment to prioritizing consumer protection, public health, civil rights and law enforcement accountability for public offices and office holders. At the time, she stated that her goal was for the AG to play a role in advancing opportunities for all across the Commonwealth. In furtherance of these objectives, AG Campbell has, for example:
- Led a multistate coalition in support of upholding anti-discrimination laws on the basis of sex;
- Joined a coalition urging the federal court system to maintain access to emergency abortion care;
- Launched a $1 million grant program to support public health models of gun violence prevention; and
- Recovered millions from drug manufacturers related to price inflation and anti-competitive conduct
When she released her strategic plan in February 2024, AG Campbell noted that "achieving [the Office's] objectives will not be easy."
Just this month, AG Campbell acknowledged that with the new Trump administration, doing so only became exponentially harder. In a press release on November 6, following the election, AG Campbell laid out her pledge to protect "fundamental rights and freedoms," reiterating the Office's focus on the rule of law, hate and discrimination, reproductive rights, LGBTQIA+ rights, immigrants' rights, racial justice, environmental justice, health care, education, gun violence prevention, and federal benefits programs. These subject areas are the same ones AG Campbell has repeatedly touted, plus some. See Five Year Plan, AG's 2024 Priorities, AG's First Month in Office.
But there is a change in tone, too. Underlying her recent commentary is the recognition that the way to accomplish these goals might shift. She explicitly stated in her press release that in addition to shoring up the protections available under state law, the Office may pursue lawsuits against Trump's administration, motions to intervene in pending cases, and may lead or join amicus briefs supporting other litigants. This would not be unprecedented. During the last Trump administration, Massachusetts, under then-Attorney General and now Governor Maura Healey, repeatedly sued the Trump administration. In fact, related to environmental protections alone, Massachusetts was involved in more than 200 actions against the federal government during the first Trump administration. Although it is under a different state AG, the Office has experience protecting its priorities against an ideologically adverse President of the United States.
While we do not have a crystal ball, our bet is on increased and aggressive attention to the AG's stated priorities, particularly where they conflict with those of the Trump administration. Reproductive rights is a particular area ripe for disagreement. President-elect Trump and those expected to have senior-level positions in his administration have expressed interest in limiting access to mifepristone (a drug commonly used in abortion care) as well as the ability of individuals to travel across state lines to receive abortion care. AG Campbell, on the other hand, created the Reproductive Justice Unit focused on "working across state lines to respond to national attacks on reproductive health care[.]" We also expect to see action related to education. The incoming Trump administration is likely to be hostile to DEI programs in schools (including primary, secondary, and higher education). However, for Campbell, access to education was a pillar of her campaign, and along with Governor Healy, she has since issued guidance on how institutions and schools can increase access for historically underrepresented students. We will be sure to keep you updated on all developments.
Originally published 20 November 2024
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