States’ Rights

With Donald Trump in charge of the executive branch and the Republicans in charge of Congress, it is unlikely that there will much ‘serious’ investigation into alleged illegal activity by members of the administration, much less criminal prosecution. The main threat to corrupt and conflicted officials (as well as legislation) could end up being the attorney generals of blue states such as California, New York, Washington and Illinois.

We have already seen this starting to happen. First were their challenges to the new immigration rules. Now one of the attorney generals is going after the head of the Environmental Protection Agency. Why not? Filing a legal motion against Trump’s actions or appointees is a complete win for any attorney general in a deeply blue state, even it is not successful.

Will the courts indulge these attorney generals? It is probably safe to say that some of these cases will end up in the Supreme Court. Which has a new justice, who ostensibly subscribes to the conservative movement’s staunch support of state’s rights. It remains to be seen if this support holds if the state in question happens to be blue.

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