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To Combat Trump, Democrats Ready a G.O.P. Tactic: Lawsuits

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Jeffrey

Member
http://www.nytimes.com/2016/12/14/n...column-region&region=top-news&WT.nav=top-news

One attorney general, Eric T. Schneiderman, is already investigating Donald J. Trump over possible violations of New York State law at his charity foundation.

Another, Maura Healey of Massachusetts, has joined Mr. Schneiderman in an investigation into whether Exxon Mobil — whose chief executive, Rex W. Tillerson, is Mr. Trump’s choice for secretary of state — lied to investors and the public about the threat of climate change.

Ms. Healey also has a new fund-raising pitch: “I won’t hesitate to take Donald Trump to court if he carries out his unconstitutional campaign promises,” she recently wrote to supporters.

A third, Representative Xavier Becerra, who was chosen this month to become California’s attorney general, has dared the Trump administration to “come at us” over issues including immigration, climate change and health care.

As Democrats steel themselves for the day next month when the White House door will slam on their backs, some of the country’s more liberal state attorneys general have vowed to use their power to check and balance Mr. Trump’s Washington.

If the Trump administration withdraws from environmental, antitrust or financial regulations, the attorneys general say they will plug regulatory holes that may gape wide open, deploying state laws like New York’s Martin Act, which allows the state attorney general to pursue wide-ranging investigations on Wall Street.

They have pledged to defend undocumented immigrants, and to combat hate crimes that many believe were unleashed by Mr. Trump’s polarizing campaign.

And if Mr. Trump’s policies veer toward the unconstitutional, several of the 10 current and incoming Democratic attorneys general interviewed recently said they would apply a remedy favored by Mr. Trump himself: a lawsuit.

The strategy could be as simple as mirroring the blueprint laid out by their Republican colleagues, who made something of a legal specialty of tormenting President Obama. Conservative attorneys general in states including Texas, Virginia and Florida have sued the Obama administration dozens of times, systematically battering Mr. Obama’s signature health care, environmental and immigration policies in the courts.

...


“Life just got a lot more exciting for those of us at the state level who are now the first line of defense,” said Mr. Schneiderman, adapting a favorite catchphrase of Republican attorneys general.

Their litigiousness turned attorneys general like Greg Abbott, now the governor of Texas, into right-wing luminaries. He often rallied crowds by saying, “I go to the office in the morning, I sue Barack Obama, and then I go home.”

Next year, there is likely to be no shortage of Democrats who can say the same about Mr. Trump.


The states’ rights arguments that Republicans have made gospel for nearly eight years — that states must serve as a check against federal overreach — are likely to become convenient for Democrats. So are the legal tactics that Republican attorneys general used to stifle Obama administration programs, including filing lawsuits in front of friendly local judges to win nationwide injunctions against policies they hoped to stop, said Amanda Frost, a professor at American University’s Washington College of Law.

...



According to Paul Nolette, a political-science professor at Marquette University, who studies attorneys general, Republican attorneys general filed partisan legal briefs in only five Supreme Court cases during the Clinton administration, a figure that rose to 97 in the first seven years of the Obama administration.

“Things are being driven more by partisan politics,” Mr. Nolette said. “On virtually every hot-button issue you can imagine, A.G.s are signaling where they stand.”

As Mr. Abbott and Mr. Pruitt found, there are certain advantages to occupying a high-profile law enforcement office with an anti-Washington megaphone.

Josh Shapiro, the incoming Democratic attorney general of Pennsylvania, said he had turned down a run for the Senate this year in favor of the attorney general race. “I believe it to be the most impactful job in government today,” he said.


Other Democrats said they were watching how Mr. Trump would treat the Consumer Financial Protection Board and the Federal Trade Commission.

Under Mr. Obama, attorneys general have grown used to working closely with both agencies on consumer and antitrust issues — “It’s been the golden years,” said Tom Miller, the longtime Democratic attorney general of Iowa — and several said they feared federal regulatory might would shrivel under the new administration, leaving states to try to hold the line with far fewer resources.

“I don’t want to pick fights before there are fights,” said Brian Frosh, the Democratic attorney general of Maryland. “But based on the campaign, there’s cause for concern.”

A lot more to read up.

Put on your blue suit and gel back your hair. Things are gonna be wild the next few years.
 

Arkeband

Banned
I was in the mindset that Democrats should hold themselves to a higher standard than Republicans held themselves to for the last eight years, but looking at the horrifying people he's stacking his cabinet with, it's honestly for the good of humanity and the planet that they do everything in their power to make his government as non-functional as possible.
 

Volimar

Member
I mean, with republicans in control of two branches, it's a no brainer that dems will rely on the courts more.
 

Beartruck

Member
I was in the mindset that Democrats should hold themselves to a higher standard than Republicans held themselves to for the last eight years, but looking at the horrifying people he's stacking his cabinet with, it's honestly for the good of humanity and the planet that they do everything in their power to make his government as non-functional as possible.
The only people that should be held to a higher standard are religious leaders. Politicians should fight dirty, and im glad democrats are starting to remember that.
 

Horns

Member
Sue and obstruct.

If Trump violates the law as egregiously as I expect him to, I want Democrats to eventually press for jail time. Give "lock 'em up" actual meaning. Then go after his businesses that violated the law.
 

necrosis

Member
it's always troubled me that democrats sometimes seem unwilling to fight fire with fire so i'm glad they're looking to do so in this instance
 

Jeffrey

Member
Sue and obstruct.

If Trump violates the law as egregiously as I expect him to, I want Democrats to eventually press for jail time. Give "lock 'em up" actual meaning. Then go after his businesses that violated the law.

This will be a interesting case study in the future. A cabinet and president of businessmen will be quite a bit more vulnerable to lawsuits than your typical politician I'd think.

Thousand papercuts.
 

-Plasma Reus-

Service guarantees member status
A third, Representative Xavier Becerra, who was chosen this month to become California’s attorney general, has dared the Trump administration to “come at us” over issues including immigration, climate change and health care.
comeatmeoriginal.jpg
 

Geist-

Member
The difference between the GOP suing Obama and his administration and the Dems doing it to Trump is Trump is actually fucking evil and his cabinet is full of exploiters of legal grey areas.

As far as I'm concerned, the Dems are just doing their jobs and I applaud them for finally putting into words that they will have a backbone when it comes to Trump's shitty policies.
 

Akuun

Looking for meaning in GAF
Considering he's been breaking truckloads of laws since getting elected, I'm amazed this didn't happen sooner.
 

eggandI

Banned
This is exactly what the democrats need to be doing. Obstruct the republicans in every single way they possibly can.
 
Sounds like the dems are doing their jobs tbh. It's not like they're suing to get rid of important protections cause fuck you I'm evil.
 

rtcn63

Member
Newly revised Democratic mission statement:

"You want a war? I'll give you a fucking war one arm tied behind my back. I'll shoot you- blow you to kingdom come. They'll need a dustpan and brush to scrape you off the walls. Make mincemeat out of ya. Pie and mash, puddles of blood. I'll leave you lying there. Go rot, the lot of you."

If only
 

cress2000

Member
At this point I don't give one single fuck about how we fight back against these steaming shitpiles. They've already proven they won't stop at anything to get their way. Why should the other side handicap themselves? These fuckwads should not be allowed in. They should be in prison.
 

Blader

Member
I was in the mindset that Democrats should hold themselves to a higher standard than Republicans held themselves to for the last eight years, but looking at the horrifying people he's stacking his cabinet with, it's honestly for the good of humanity and the planet that they do everything in their power to make his government as non-functional as possible.
The higher standard now is just basic governance.
 

BatDan

Bane? Get them on board, I'll call it in.
At this point, the Dems should rely on dirty techniques like this. Trying to be reasonable has completely failed, might as well give them a taste of their own medicine.
 

Somnid

Member
Burdening litigation over stupid things (Denial of Service) is a shit tactic. However, Trump has some serious issues that will need legal spotlights on them and it is the job of Democrats to take those up.
 

RuGalz

Member
If you go higher when the other party keeps going lower, the gap just widens anyway. There's no end to this.
 

GuyKazama

Member
Keep digging that hole. Getting rid of the filibuster didn't work out so well for Democrats. I'm sure this will also not backfire in any way.

Policy fights and compromise are the best way forward.
 

Raven117

Member
Suing the President is a difficult thing to do. Yes, he can be sued in a Civil capacity personally (Clinton v. Jones), but for all the wonky shit he can do AS POTUS, more than likely Courts will find that it is a Political Question and not subject to Federal Court jurisdiction.

Standing will also be an issue.

This is pretty high flying Constitutional stuff actually.
 

B-Dubs

No Scrubs
Keep digging that hole. Getting rid of the filibuster didn't work out so well for Democrats. I'm sure this will also not backfire in any way.

Policy fights and compromise are the best way forward.

Where was this when this is what the GOP was doing, because this is exactly what they've been doing for the past 8 years in case you haven't noticed.
 

The Technomancer

card-carrying scientician
Keep digging that hole. Getting rid of the filibuster didn't work out so well for Democrats. I'm sure this will also not backfire in any way.

Policy fights and compromise are the best way forward.

We literally cannot compromise with white nationalism

That is the exact opposite of what every single narrative about what to do when this happens to your nation says to do

You don't make nice with the neo-Nazis
 

Tarydax

Banned
Policy fights and compromise are the best way forward.

This is a great idea if you want to fuck the American people.

The GOP has been obstructionist for 8 years straight and were rewarded for it time and time again. Why do you want the Democrats to double down on a losing strategy? Compromise got them absolutely nothing. The vast majority of Obama's accomplishments stand to be wiped out.

More than that, why do you want them to compromise with white nationalists like Trump?
 

eggandI

Banned
Keep digging that hole. Getting rid of the filibuster didn't work out so well for Democrats. I'm sure this will also not backfire in any way.

Policy fights and compromise are the best way forward.

You're completely clueless about the last 8 years of American politics so the only one digging a hole here is you
 

RPGCrazied

Member
Good. Don't let up. Hold his feet to the fucking fire like they did Obama. No rest. He messes up and breaks the law or civil rights, sue his ass into the ground.
 

Averon

Member
Don't see nothing wrong with this, especially if the suits have merit. Given Trump's propensity for lying, conflicts of interest, and corruption, I'm sure there will be plenty of valid issues to sue him with.

Democrats going "high" for the past 8 years have given them nothing, while the GOP who obstructed every step of the way was constantly rewarded.
 
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