Legal Battles: The Quiet Yet Powerful Resistance of the State Attorneys General

Elections & Politics #176 | By: Morgan Davidson | March 21, 2025

Featured Photo: Quotidiano

On Saturday, March 15, President Donald Trump invoked the Alien Enemies Act (AEA), a rarely used wartime power last exercised during World War II, to detain individuals from an “enemy nation” solely based on their country of origin, without trial. The next day, March 16, Trump ordered the deportation of 238 alleged members of the Tren de Aragua gang from Venezuela to El Salvador.

Federal Judge James Boasberg intervened, placing a hold on both the deportations and the administration’s invocation of wartime powers. The Trump administration, however, defied the court order, citing legal technicalities. Escalating the confrontation, Trump called for Boasberg’s impeachment, prompting a rare rebuke from Chief Justice John Roberts, a fellow Republican, who criticized the president’s attempt to undermine judicial independence. This defiance is part of a broader and increasingly troubling pattern of Trump minimizing or outright disregarding judicial checks on executive power.

In his inaugural address, where he foreshadowed invoking the AEA, Trump also proposed repealing naturalized citizenship, a direct challenge to the 14th Amendment. This immediately sparked a legal firestorm, with state attorneys general (AGs) leading the AGs to file lawsuits to challenge the administration in court. These AGs have been at the forefront of legal battles against the Trump administration on various issues, including mass federal layoffs (DOGE dismissals), dismantling the Department of Education, environmental policy rollbacks, and efforts to undermine democratic norms and judicial independence. Examples of the resistance of the AGs are provide below.

Analysis

In early 2025, the Trump administration dismissed thousands of federal probationary employees to shrink the federal workforce. This mass firing prompted 20 state attorneys general, led by Maryland AG Anthony Brown, to sue the administration, arguing that the firings violated federal laws requiring proper procedures and advance notice. The lawsuit also highlighted the economic and social disruptions, particularly in states with a high concentration of federal employees.

A similar coalition of 20 AGs, led by New York AG Letitia James, challenged the Trump administration’s efforts to dismantle the Department of Education. This move included firing half of the agency’s workforce. The lawsuit argued that gutting federal education funding would disproportionately harm students with special needs and low-income families while also asserting that the administration lacked the legal authority to dismantle or disrupt the department’s core functions without congressional approval.

In January 2025, the Office of Management and Budget (OMB) announced a freeze on $3 trillion in federal funding, pending a review to ensure compliance with recent executive orders. This action prompted 23 state AGs to file a lawsuit, arguing that the freeze would disrupt essential services like healthcare, education, and infrastructure. The lawsuit contended that the move lacked proper legal authority and would threaten the well-being of millions of Americans dependent on federal programs.

State AGs have also challenged the administration’s handling of the Department of Government Efficiency (DOGE), led by Elon Musk. In February 2025, 19 AGs sued the administration, alleging that DOGE had been granted unauthorized access to the Treasury Department’s central payment system—potentially compromising the sensitive financial information of millions of Americans. The lawsuit sought to prevent unauthorized disclosures and protect citizens’ privacy.

Meanwhile, Democratic AGs have been vocal about concerns over Trump’s broader attempts to weaken the judiciary and undermine democratic institutions. Arizona AG Kris Mayes has publicly condemned what she views as executive overreach, stressing the need for checks and balances to prevent federal overreach.

The legal resistance spearheaded by state attorneys general has become one of the most effective tools in challenging the Trump administration. These lawsuits uphold the rule of law and constitutional protections and ensure that federal policies align with statutory provisions and democratic principles.

As the Trump administration continues aggressively restructuring federal agencies and policies, state AGs have emerged as critical defenders of institutional integrity and state interests. Whether these legal battles will successfully curb executive overreach remains to be seen. Still, one thing is certain: the courts have become the new frontline in the fight for American democracy.

What remains uncertain is the administration’s willingness to abide by court rulings, as top officials and allies openly challenge judicial authority. Vice President J.D. Vance has urged defiance of the courts: “When the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’” Elon Musk has framed judicial oversight as an existential threat to democracy, declaring, “If ANY judge ANYWHERE can block EVERY Presidential order EVERYWHERE, we do NOT have democracy, we have TYRANNY of the JUDICIARY.” Trump’s Chief of Staff, Stephen Miller, has taken it a step further, arguing, “Judges have no authority to administer the executive branch. Or to nullify the results of a national election.” Meanwhile, Trump himself has fueled tensions with attacks on the judiciary, labeling judges and prosecutors “corrupt Democrats” and even calling for the impeachment of judges who rule against him. These statements and actions point to a growing hostility toward judicial checks on executive power, raising serious concerns about the administration’s commitment to the rule of law.

Engagement Resources

• Brennan Center for Justice- Research on executive power, judicial independence, and legal challenges to government overreach. https://www.brennancenter.org/
• Find your Attorney General here: https://www.naag.org/find-my-ag/
• Run for Something- Interested in making a difference in politics? Run for Something helps people run for local and state office. https://runforsomething.net