made Trump's actions uniquely vulnerable — they are also backed by a better funded and more brazen political apparatus than Democratic state lawyers had going into battle with the Trump administration. The same “dark money” groups that funneled millions of dollars into helping Trump reshape the Supreme Court as president are now focused on helping Republican attorneys general undermine the Biden administration.
“This is going to be a potent weapon for Republicans,” said Paul Nolette, a political science professor at Marquette University who closely tracks state lawsuits against the federal government. “The office of the attorney general has become something more nationally focused in preparing these lawsuits and having them ready to go. Just because Trump is out of office, that is not going to change.
Republicans are plotting their legal offensive as Democrats are completing their victory lap after filing a record 156 lawsuits against the Trump administration. Their success rate of 80% also broke a record. Some cases filed by Democrats are being withdrawn, others are staying on the docket for now, as a cudgel to push the new administration to swiftly follow through with promises to reverse Trump various policies.
“Standing up and defending the sovereignty of your state is the obligation of the attorney general, said Greg Zoeller, the former Republican attorney general of Indiana. “With that said, there is no question there have now been a number of times when attorneys general are bringing these cases over policy disagreement rather than a legitimate legal challenge.”
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