Republican attorneys general welcome friendlier Department of Justice policies

Red state attorneys general in red states are looking forward to working with the incoming Trump administration’s Department of Justice, readying themselves for reversing Biden DOJ policies on immigration, crime, the environment, student loans and other issues.

“The last four years, the Biden administration has attacked red states — not only their laws, but their values. So it is going to be a refreshing change,” Alabama Attorney General Steve Marshall told The Washington Times.

What’s more, Kansas Attorney General Kris Kobach says state officials can help President-elect Donald Trump keep his promise of mass deportation of unauthorized immigrants by working with U.S. Immigration and Customs Enforcement.

“They can provide a force multiplier to the federal government, and I think that is the biggest and best thing that the states and counties can do to help,” Mr. Kobach, an informal adviser for the Trump transition, told The Associated Press in an interview.

“I don’t see how a massive deportation program can possibly succeed without it,” he added.

Recently, the Biden Justice Department sparred with Virginia over removing illegal voters from voter rolls ahead of the November elections. The Supreme Court stepped in and allowed Virginia to remove the individuals.

The Biden DOJ also sued Tennessee over its ban on medical treatment for transgender youth and the high court just heard arguments over the dispute earlier this month.

Red states have also been fighting back against the federal policies on Obamacare for immigrants without documentation and Environmental Protection Agency changes such as the electric vehicle mandate, power plant emissions standards and efficiency requirements for stoves and ovens.

It took red states’ pushback against the president’s plan to forgive student loans in 2023, when the Supreme Court ruled that President Biden ran afoul of federal law by trying to forgive roughly $400 billion. But Mr. Biden has continued to evaluate student loan forgiveness avenues, prompting ongoing litigation.

In September, seven red states sued the administration, claiming it was looking to waive student debt payments for 27 million borrowers.

“There is still the unwinding of litigation going on right now,” Mr. Marshall said. He noted the Trump administration could change positions in certain ongoing cases like the one involving Tennessee’s ban on medical treatment for transgender youth.

“Would love to see the Trump administration come in with a very different approach,” Mr. Marshall said.

But the Alabama Republican noted there will likely still be a fight for Republican attorneys general against social media platforms, as they look to protect youth and mental health concerns from online exposures.

“A change in administration is not alleviating what attorneys general are seeing in that area,” he said.

A Quinnipiac University poll published this month found that, after Australia banned social media use for children under 16, the majority of Americans would like to see similar legislation by a 59%-to-31% margin.

It also comes as the Supreme Court is taking up a law looking to ban TikTok unless it sells from its Chinese-linked ownership over national security concerns.

Security is a concern for Oklahoma Attorney General Gentner Drummond, who said the Biden administration was an impediment to state sovereignty and made it more difficult for his state to improve public safety.

He said the Biden DOJ challenged his move to have state law enforcement incarcerate unauthorized immigrants.

“The Biden administration has fought against the best interests of our country at every turn. It has fought to maintain an open border and to keep its dangerous catch-and-release policies for illegals. The administration has fought against our oil and gas industry. It has fought against the sanctity of human life and our right to keep and bear arms. All of that ends the day President Trump is sworn in for his second term,” said Mr. Drummond, a Republican.

Meanwhile, Tennessee Attorney General Jonathan Skrmetti is looking forward to seeing how the Trump Justice Department handles his case, U.S. v. Skrmetti, over his state law banning transgender medical treatment for minors.

He said there are private plaintiffs involved, like the American Civil Liberties Union, alongside the Biden DOJ so even if the Trump administration changed positions in the dispute, the justices may still choose to rule on the matter.

But he said it’s still important, no matter which political party controls the federal government, to limit federal overreach.

“Politically, I think it is really hard for a lot of people to push back against the federal government when it’s doing what their side wants it to do, but you might see some amicus briefs from the states, who even if we agree with the policies that the federal government is pursuing, they want to note the limits on federal power because at some point the White House will change hands again,” said Mr. Skrmetti, a Republican.