In the wake of the November polls, Missouri’s Attorney General, Andrew Bailey, made headlines by championing a triumphant legal battle against the haphazard federal immigration rule aimed at beneficiaries who happen to be spouses of U.S. citizens. Such maneuver was impulsively instigated by none other than Joe Biden and Kamala Harris, resulting in full-blown turmoil at our southern borders. Alongside Bailey, Kansas Attorney General Kris Kobach and 13 additional Republican states partook in filing the revealing lawsuit. They boldly called out the Biden administration’s approach as a whimsical concoction of an unlawful program.
Andrew Bailey and Kris Kobach, having spent significant portions of their tenures resisting Biden and his subordinates’ reckless decisions, are likely to usher a new phase in timely coincidence with the commencement of President-elect Donald Trump’s reign on January 20, 2025. Contrary to their previous confrontational stance, these two legal helmsmen are expected to assume a supportive demeanor, embracing the incoming administration with open arms.
As the two key players recalibrate their alliances, they might channel their legal depths into alternate arenas. Observers say Democrat-leaning regions might find themselves under more rigorous inspection if their actions seem unpalatable to Republicans. This imminent shift in power holds unusual significance for Bailey and Kobach, being the first instance they are state attorneys general while their own party commands the Oval office.
Having assumed offices in January 2023 — Kobach through a winning ballot, and Bailey as a selected successor by Missouri Gov. Mike Parson — both have established solid links with Trump. Kobach may have been under the radar compared to the more vocal Bailey, yet they have together rigorously contested the numerous pitfalls of the Biden administration over the last two years.
Their concerted legal fight against the Biden administration saw them leading lawsuits, legitimizing the challenges posed by other Republican state attorneys general. However, foreseeably, the torrent of lawsuits may ebb, potentially slowing to a negligible dribble upon Trump’s inauguration.
Recent years have observed a conspicuous surge in lawsuits, owing particularly to Missouri’s Attorney General Andrew Bailey. While the state attorneys general’s roles were predominantly limited to legal supervision and safeguarding consumer rights, of late their profiles have become remarkably politicized. They have emerged as the champions of resistance against undue federal rules and projects.
Critical issues ranging from immigration laws, environmental norms, LGBTQ protection measures have been at the epicenter of this legal standoff between the state attorneys general and the central government. However, the intensity and focus of Kansas and Missouri’s strategy have fluctuated drastically basis who occupied the White House.
To draw a comparison, Kansas and Missouri barely filed any lawsuits during the Trump administration; the count amounts to only two. Among these was a key strike against the Affordable Care Act, one of the notable legacies of President Barack Obama.
Though, the coming weeks of the Trump reign may possibly witness a fresh wave of litigation from the Republican attorneys general, including Kobach and Bailey. Their focus will be to abrogate the rules clumsily imposed during the Biden administration.
Both Bailey and Kobach have targeted the unrestricted availability of medication abortion, the most employed national abortion technique. Their attempt seeks to curb the use of mifepristone beyond seven weeks of pregnancy, as opposed to the existing limit of ten weeks. They are also pushing for mandatory in-person doctor consultation thrice, restoring provisions which existed before the U.S. Food and Drug Administration, under Biden’s direction, slackened them.
While the current administration made a futile attempt to counter the lawsuit, the incoming Trump rule’s stance on the fresh complaint remains to be seen. Certain instances provide faster outcomes via court rulings compared to the drawn-out process of drafting federal rules.
Nevertheless, these ‘friendly’ disputes will account for only a tiny portion of lawsuits that would have otherwise burdened a Harris-headed administration. Expect an augmented focus from Republican state attorneys general on the activities of local authorities.
Bailey, in particular, hasn’t shied away from dragging local officials to court. Public confrontation isn’t beyond his chosen means if the situation demands. Meanwhile, Kobach had promised to enable the Kansas Attorney General’s Office to counter the unrestrained actions of the Biden administration during his election campaign.
In essence, this transition from countering an unstructured federal government under Biden to aligning with a presumably more coherent Trump era will redefine their roles as state attorneys general. In their quest to protect their states, Bailey and Kobach would certainly make more informed decisions and strategic choices going forward.
Indeed, the earlier era of litigation against the ill-conceived policies of the Biden administration will make way for a new chapter where local governments will be held more accountable. Yet, their newfound cooperation with Trump’s administration will not diminish their vigilance. Consequentially, they shall strive to uphold the rights of their states against any encroachment, irrespective of the source.