Democratic-led states are preparing for legal battles against President-elect Donald Trump’s policies, though the judicial landscape has shifted significantly due to his first-term appointments. Trump’s near-record 234 judicial nominations, including three Supreme Court justices, have reshaped the courts, giving conservatives a 6-3 majority on the Supreme Court and reducing liberal influence on key appellate courts.
During Trump’s first term, Democratic attorneys general brought 155 multistate lawsuits against his policies, winning 83% of the time, according to political scientist Paul Nolette. States like California and Washington, which spearheaded many of those challenges, are readying legal arguments on issues like immigration, healthcare, and the environment. California Attorney General Rob Bonta, for instance, has identified Trump’s plans to deport millions of undocumented immigrants as a likely target.
However, the road ahead is tougher. Trump significantly transformed the San Francisco-based 9th U.S. Circuit Court of Appeals, historically a liberal stronghold, by appointing 10 conservative judges. The court now has 16 Democratic and 13 Republican appointees, increasing the chances of conservative panels hearing cases. Experts suggest challengers may seek friendlier venues, such as Maryland, where lawsuits could be heard by the Richmond-based 4th Circuit, or Massachusetts, under the Boston-based 1st Circuit, which lacks Trump appointees.
Despite the changes, Democratic attorneys general remain resolute. Bonta emphasized confidence in fair hearings and eventual success. Analysts caution, however, that the altered judiciary may complicate efforts to stymie Trump’s agenda. Even if courts rule in his favor, lawsuits across multiple jurisdictions could delay the implementation of his policies.
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