Democratic States’ New Anti-Trump Strategy: Federalism
Resistance is not futile, although it might seem that way at the moment. No major protests are set to descend on the National Mall. Legal challenges to Donald Trump’s policies are likely doomed, given how far rightward the judiciary shifted during his previous administration. With Trump’s unified control of the Republican Party, which now has unified control of Washington, congressional oversight is defunct. That leaves a lone bastion of countervailing power, one force capable of meaningfully slowing the maximalist ambitions of the incoming administration: blue states, especially the 15 state governments where Democrats control the executive and legislative branches and, therefore, have more latitude to launch aggressive countermeasures. Over the past few months, a small coterie of wonks and lawyers—and a few farsighted Democratic governors—have been working in anticipation of this moment. They have prepared measures to insulate states from the Trump administration’s most aggressive impositions. They have constructed plans to preserve abortion protections within blue-state borders and to protect environmental regulations enshrined in their books; they have formulated legal strategies for at least slowing …