As President Joe Biden issued more than 40 executive actions with less than a month in office and Democrats took control of Congress, Republican attorneys general in the states appear poised to be the strongest check on overreach by the federal government.
“Everything is fair game. We are going to defend the Constitution of the United States and look out for the best interest of our states,” Georgia Attorney General Chris Carr, chairman of the Republican Attorneys General Association, told The Daily Signal.
“It’s not just lawsuits, but also working with members of Congress,” Carr said. “And we will try to work with the administration.”
Montana Attorney General Austin Knudsen led 13 other attorneys general Tuesday in calling on Biden to reconsider his first-day revocation of a permit for the Keystone XL oil pipeline from Canada to Nebraska. Knudsen advised the president that states are reviewing legal options to “protect our residents and sovereign interests.”
“Your decision will result in devastating damage to many of our states and local communities. Even those states outside the path of the Keystone XL pipeline—indeed all Americans—will suffer serious, detrimental consequences,” Knudsen and the other attorneys general write to Biden, adding:
In Montana, for instance, killing Keystone XL will likely cost the state approximately $58 million in annual tax revenue. Montana will lose the benefits of future easements and leases, and several local counties will lose their single-biggest property taxpayer. The loss of Keystone XL’s economic activity and tax revenues are especially devastating as five of the six impacted counties are designated high-poverty areas.
Also signing the letter are the attorneys general of Alabama, Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, North Dakota, South Carolina, South Dakota, Texas, and West Virginia.
Texas Attorney General Ken Paxton last month scored an early win against the Biden administration by halting the 100-day “pause” in deportation of illegal immigrants. Arizona Attorney General Mark Brnovich sued last week to permanently upend Biden’s halt of deportations.
Biden also signed executive orders to change other aspects of immigration policy, including stopping construction of the border wall. An executive order itself isn’t grounds for litigation until the government implements the action.
Pressuring the federal government to enforce its own laws will be one goal for the Republican Attorneys General Association, said Missouri Attorney General Eric Schmitt, vice chairman of the group.
“He’s not enforcing immigration laws,” Schmitt said of Biden in an interview with The Daily Signal. “Their idea is to make it easier to come here illegally. The policy of not enforcing the law, we have a hard time wrapping our minds around that.”
Attorneys general from West Virginia, Arkansas, Indiana, Mississippi, Montana, and Texas already have issued a formal warning to the president, making it clear they intend to defend the First and Second Amendments to the Constitution.
“The growing and dangerous hostility to the free exercise of religion in recent years … is appalling,” says the letter to Biden from six Republican attorneys general, led by West Virginia’s Patrick Morrisey. “As president and as a man of faith, we hope that you will ensure your administration accommodates and respects the free exercise of religion and complies with both the Constitution and the Religious Freedom Restoration Act.”
COMMENT: A good start. The more we push back and publicize the push, the greater our chances of racing to victory in 2022. This nation loves fighters.