Democrats plan to fight Trump through litigation and law-making rather than marching in the streets

Democrats plan to fight Trump through litigation and law-making rather than marching in the streets

The New York Times reports:

Locked out of power next year, Democrats are hatching plans to oppose President-elect Donald J. Trump that look nothing like the liberal “resistance” of 2017.

Gone are the pink knit caps and homemade signs from the huge protest that convulsed blue America that year, as exhausted liberals seem more inclined to tune out Mr. Trump than fight.

Washington is far different, too. The Republicans who stymied some of Mr. Trump’s first-term agenda are now dead, retired or Democrats. And the Supreme Court, with three justices appointed by the former president, has proved how far it will go in bending to his will.

As they face this tough political landscape, Democratic officials, activists and ambitious politicians are seeking to build their second wave of opposition to Mr. Trump from the places that they still control: deep-blue states.

Democrats envision flexing their power in these states to partly block the Trump administration’s policies — for example, by refusing to enforce immigration laws — and to push forward their vision of governance by passing state laws enshrining abortion rights, funding paid leave and putting in place a laundry list of other party priorities.

Some of the planning in blue states began in 2023 as a potential backstop if Mr. Trump won, according to multiple Democrats involved in different efforts. The preparations were largely kept quiet to avoid projecting public doubts about Democrats’ ability to win the election.

“States in our system have a lot of power — we’re entrusted with protecting people, and we’re going to do it,” said Keith Ellison, the attorney general of Minnesota, who said his office had been preparing for Mr. Trump’s potential return to power for more than a year. “They can expect that we’re going to show up every single time when they try to run over the American people.”

The Democratic effort will rely on the work of hundreds of lawyers, who are being recruited to combat Trump administration policies on a range of Democratic priorities. Already, advocacy groups have begun workshopping cases and recruiting potential plaintiffs to challenge expected regulations, laws and administrative actions starting on Day 1.

Democracy Forward, a legal group that formed after Mr. Trump won in 2016, has built a multimillion-dollar war chest and marshaled more than 800 lawyers to press a full-throated legal response across a wide range of issues.

“No one was running to the courthouse on a range of things that matter to people in communities,” said Skye Perryman, the group’s chief executive, describing the opposition effort during Mr. Trump’s first term. “Resistance this time is a lot more about collective power building. It’s using the law and using litigation.” [Continue reading…]

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