Republican led-state governments nation-wide are moving to resist the Biden-Harris regime by re-purposing a legal stratagem previously used against them by the Democrats efforts to block President Trump’s policies in the courtroom. It’s called ‘lawfare’.
At least six complaints have been levied against the Biden White House in the first 60 days of this term, touching upon illegal immigration, wealth redistribution disguised as COVID19 relief and even the surrender of America’s energy independence with the scuttling of the Keystone XL pipeline.
Republicans Commit to Lawfare, a Long Overdue Legal Strategy
The various GOP Attorneys General have filed suits both individually and in groups with Trump or Bush appointed federal district judges, in the hopes that trials before more conservative benches can yield better results. The best equipped states for this fight have been shown to be: Texas, Florida and Ohio thus far, these will be the most important battlegrounds in the long, slow grinding lawfare to come. They possess the staff, the funding and the legislative and/or gubernatorial support to be effective.
Smaller less equipped states will need to tackle issues that are closer to home and more certain victories, such as freedom of religion.
Alabama’s AG Steve Marshall told Newsmax, ““We’ve gone from being on defense to being on offense,” And by working together even these states can succeed by working in groups to seek jurisdictions that would favor them, an easier feat with over 200 Trump appointed judges seated on the federal bench. “These aren’t judges who are guaranteed to rule in our favor, but they have the right judicial philosophy, and that is to rule on the law and not make the law,” Marshall explained.
He was joined in the sentiment by Georgia AG Chris Carr who said,
“There has to be a way to make sure that everybody stays in their lane — particularly, as we do now, when you have a federal government that’s under the control of one political party,” Carr, is also chairman of the Republican Attorneys General Association, said . “You saw our colleagues on the other side file lawsuits on everything. We’re trying to be more strategic.”
Not all of these “lawfare” challenges will prove successful, especially when raised in traditionally liberal circuit courts, but the efforts of the Democrats under Trump may in a familiar refrain ‘come back to bite them’ now that the shoe is on the other foot, in a manner very similar to the US Senate nuclear option. In cases like the census citizenship question and the DACA program Executive Order Trump was dealt defeats that set a precedent which requires “tougher standards for government officials to explain and justify their actions” according to Scott Keller, former Solicitor General of Texas.