How Democratic States Plan to Counter Trump's Agenda
They are preparing lawsuits and drafting legislation to hinder the incoming administration.
California Governor Gavin Newsom, a staunch critic of Trump, called for a special legislative session to enhance the state's legal efforts to counter Republican policies affecting immigration, environmental issues, LGBTQ+ rights, and reproductive care.
New York Governor Kathy Hochul and Attorney General Letitia James, both of whom have been aggressive adversaries during Trump’s first term, committed to improving coordination between their offices to safeguard “New Yorkers’ fundamental freedoms from any potential threats.”
In anticipation of a second Trump administration, attorneys general across blue states are preparing to challenge the former president in court, as their predecessors did frequently during his initial term.
If Trump's victory signals a shift in American politics, blue-state leaders are responding by resuming their traditional counterbalance roles, refocusing on protections for progressive policies amid a broader party reckoning.
“We've been talking for months with attorneys general throughout the nation, preparing, planning, strategizing for the possibility of this day,” California Attorney General Rob Bonta stated at a San Francisco press conference.
Trump’s two-year campaign to regain the presidency, coupled with polling predictions of success, has given Democrats the preparation time they couldn't secure in 2016. They are drawing from Trump's campaign rhetoric on mass deportations, regulatory rollbacks, and Project 2025—a conservative framework for a Republican administration, which Trump has distanced himself from despite the involvement of many of his former officials in its creation.
Governors and legislators in various blue states have already enacted laws reinforcing reproductive rights since the reversal of Roe v. Wade and have stockpiled the abortion pill mifepristone against further legal challenges. While Trump has expressed intentions to veto a national abortion ban, this has not quelled Democrats' apprehensions. As he approaches a second term, they are also hurriedly addressing other pressing issues, advancing ballot measures to safeguard same-sex marriage, labor rights, and additional liberal priorities.
Despite his recent commitment to bipartisanship, Trump has threatened to retaliate against his political foes, many of whom are blue-state leaders. Following the special legislative session called by Newsom, the president-elect criticized him sharply on social media.
“Governor Gavin Newscum is trying to KILL our Nation’s beautiful California,” Trump remarked on Friday via Truth Social, using a derogatory nickname for Newsom. “He is using the term ‘Trump-Proof’ as a way of stopping all of the GREAT things that can be done to ‘Make California Great Again.’”
Consequently, Democratic governors and attorneys general are intensifying their efforts to protect their states' progressive policies from a potential second Trump term.
Some governors are exploring how to ensure federal funding reaches their states before Trump takes office, particularly if the Republicans gain full control of Congress. A staffer in a Democratic governor's office, speaking anonymously, highlighted concerns that Republicans might withhold or repeal funding for President Joe Biden’s key initiatives like the CHIPS and Inflation Reduction acts.
Illinois Governor JB Pritzker mentioned that he has been in talks with fellow Democratic governors post-election about strategies to strengthen their states against Trump’s policies.
“There are many people whose lives and livelihoods are at risk, and there are many people who cried at the [election] result because they know what impact it may have on their families,” Pritzker warned during a Thursday press conference.
He further stated with conviction, "You come for my people, you come through me.”
In California, where Democratic leaders have positioned themselves as key figures in the Trump opposition since his 2016 election, preparations to fortify the state's climate policies and disaster response have been ongoing, especially before Newsom's recent legislative session.
“The freedoms we hold dear in California are under attack,” Newsom stated. “And we won’t sit idle.”
In New York, Hochul and James launched the Empire State Freedom Initiative to tackle “policy and regulatory threats” from the incoming Trump administration, focusing on issues like reproductive and LGBTQ+ rights, gun safety, and environmental justice. Hochul also indicated that she would pursue both legislative proposals and executive actions in response to Trump's win but did not disclose specifics.
“New York will remain a bastion for freedom and rule of law,” Hochul affirmed. “I'll do everything in my power to ensure that New York remains a bastion from efforts where those rights are being denied in other states.”
James could significantly influence how Trump’s policies affect New York, having previously sued Trump's real estate business for fraud—with a $450 million judgment currently being appealed.
State prosecutors who were crucial in challenging Trump’s controversial executive orders during his last term are once again preparing to act as a legal defense. In California, state lawyers have meticulously plotted for Trump's possible return, identifying potential legal arguments and appropriate venues for litigation.
“If he comes into office and he follows the law and he doesn't violate the constitution and he doesn't violate other important laws, like the Administrative Procedure Act he violated all the time last time, then there's nothing for us to do,” Bonta explained. “But if he violates the law, as he has said he would, as Project 2025 says he will, then we are ready. … We have gone down to the detail of: What court do we file in?”
In New Jersey, Attorney General Matt Platkin cited mass deportations and a potential abortion ban as serious concerns for litigation.
“If you look at the things that have been said by the president and his associates during the campaign, … if you read Project 2025, there are proposals that are clearly unlawful and that would undermine the rights of our residents,” Platkin stated in an interview.
Massachusetts Attorney General Andrea Campbell’s office is preparing for legal action on issues concerning reproductive rights, LGBTQ+ rights, immigrants' rights, and student loan forgiveness programs.
In response to inquiries, Trump’s team asserted, “The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail. He will deliver.”
Democratic efforts to reframe their stance against Trump also have a self-serving angle. Governors and state prosecutors who opposed Trump during his first term enhanced their national visibility in the process.
Some used their resistance to gain elevated positions; for instance, Maura Healey parlayed her legal battles against Trump into the governorship in Massachusetts, while California's Xavier Becerra transitioned from state attorney general to a key health position within the Biden administration and is eyeing a gubernatorial bid. For Democrats eager to step into the spotlight, a second Trump term presents a fresh opportunity ahead of an open presidential primary in 2028.
This ambition has already begun to manifest, with several blue-state leaders holding press conferences to reassure constituents anxiously responding to the election results, while also establishing themselves as leading figures in the anti-Trump movement. Healey appeared on MSNBC, asserting that state police would not engage in Trump’s proposed mass deportations, seizing a rare platform since her previous legal challenges.
Nevertheless, some city and state Democratic leaders acknowledge the necessity of collaborating with Trump on infrastructure projects dependent on federal funding.
“If it's contrary to our values, we will fight to the death,” New Jersey Governor Phil Murphy said on Wednesday regarding his stance post-election. “If there’s an opportunity for common ground, we will seize that as fast as anybody.”
New York City Mayor Eric Adams echoed this sentiment, noting the importance of working with the forthcoming administration on infrastructure matters.
“I communicated with the president yesterday to state that there are many issues here in the city that we want to work together with the administration to address,” Adams stated during a Thursday news conference. “The city must move forward.”
Holly Otterbein, Melanie Mason, Nick Reisman, Daniel Han, Maya Kaufman, Shia Kapos, and Kelly Garrity contributed to this report.
Mark B Thomas contributed to this report for TROIB News