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18 ¦ FEBRUARY 1, 2021 NEWS

¦ From ‘READY FOR A FIGHT’ on PAGE 17 believes in the rule of law, is faithful to the Constitu-
“I think we can expect that trend to continue, tion and to laws.”
where the Biden administration’s policies across the Karl Racine, the attorney general for D.C. and a
board, on many different policies, are challenged by former co-chair of DAGA who helped coordinate
attorneys general,” Nolette said. the Democratic lawsuits, wouldn’t rule out filing
lawsuits against the Biden administration.
“When the administration takes a position on a
A Democratic Realignment
Democratic attorneys general are anticipating policy that will have an impact on D.C. residents,
that a number of their lawsuits will be resolved if particularly vulnerable D.C. residents including im-
Biden changes the policy targeted by the complaints. migrants, we’re going to look to see whether that
Administration officials are likely to file a notice in adverse impact is consistent with law both substan-
court saying they’re reconsidering the rule, and if tively and process-wise,” Racine said.
the policy is rescinded, Democrats are likely to go “And if we feel as though it’s not, we’re going to
along with the change. talk to the administration about walking their pro-
“It’s certainly my strong hope that with the posal back and making the right alterations to it.
Biden-Harris administration, a And if they don’t, I feel it’s my ob-
Biden-Harris administration that ligation to bring suit.”
has already demonstrated a com- And Democrat attorneys gen-
mitment to the rule of law and to eral may find themselves in more
protecting people’s rights, that the powerful positions after their ag-
Justice Department will be taking “The attorneys general gressive litigation: After Biden
different positions in those liti- are ready to utilize all announced Becerra for the U.S.

gations,” said Maura Healey, the available means to combat Department of Health and Hu-
attorney general for Massachusetts any potential federal man Services, Racine declined
and co-chair of the Democratic
overreach that we see,” to directly say whether he would
Attorneys General Association. Arkansas Attorney General consider an administration role,
“And hopefully we’ll see the end but said he would encourage the
of those litigations.” Leslie Rutledge said. Biden transition to consider more

However, the administration attorneys general for other top
changing its stance on a policy roles.
could open the door for Republi- “There is immense talent in
cans to intervene in the suit and the Democratic attorney general
try to keep the challenged rule in place. That sce- room that could fill the top spots at a number of
nario played out in the pending lawsuit over the important agencies, including the Department of
Affordable Care Act, as Democratic states and the Justice, or other important positions,” Racine said.
U.S. House intervened after the Trump DOJ decid-
ed to stop defending the law in court.
Political Accusations
Healey said she’s hopeful Democratic attorneys Attorneys general from both parties insist their
general will be able to work alongside the Biden ad- lawsuits are based in law. But the political benefits
ministration, particularly after she said the Trump are undeniable: Democrats like Becerra and New
administration repeatedly and blatantly violated the York’s Letitia James saw their national profiles
law. “As the group that really has been the bulwark boosted from their legal fights against the Trump
against any number of affronts to the Constitution administration. And Republican attorneys general
to the rule of law, we’re certainly not going to let went to bat for Trump, which gave them political
up,” Healey said. “But we are certainly looking for- points with the president’s base: 17 state attorneys
ward to working alongside an administration that general, including Rutledge, filed an amicus brief

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