The Attorney General, Hawaii Statehood, and National Injunctions
The AG's comments denigrating Hawaii statehood are objectionable for many reasons. But don't overlook his underlying complaint about national injunctions—which conservatives spent years developing and have suddenly, painfully discovered can be used against them.
Updates | The Week of April 10, 2017
President Trump signed a law nullifying an Obama-era regulation forbidding states from removing reproductive health care providers such as Planned Parenthood from Medicaid. Federal and state governments pose threats to city autonomy during the Trump administration.
California v. DOJ on Immigration Enforcement
An exchange of letters between the California Chief Justice and Attorney General Sessions offers valuable lessons for states considering immigrant protective policies that respect human rights and dignity (but might annoy the Trump Administration).
Updates | The Week of April 3, 2017
Attorney General Jeff Sessions’s memorandum outlining task forces on various policies, including federal marijuana policy, has some state governors poised to fight back—governors of four Western states warned Attorney General Sessions and Treasury Secretary Mnuchin against interfering with state laws legalizing marijuana use.
The Attack on American Cities
Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.
Updates | The Week of March 27, 2017
Cities and states have taken action in the wake of President Trump's executive order threatening to revoke federal funding from sanctuary cities. Further, California may thwart President Trump's plans to gut Obama-era fuel emissions standards.
Updates | The Week of March 20, 2017
Federalism principles protect sanctuary cities from President Trump's executive order, and state attorneys general may be key actors in challenging President Trump's policies.
Why California Stands in the Way of Trump's EPA
President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.
An Unconstitutional Threat to Sanctuary Cities
DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.
It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies