DemDaily: The Muscle of The Resistance
May 29, 2025
As President Donald Trump continues to historically push the limits of executive power and his contempt for the rule of law, the American public has become increasingly reliant on State Attorneys General (AGs) to defend their constitutional and civil rights.
Deemed the "Muscle of the Resistance" by the Washington Post, Democratic state AGs have become the first and last line of defense against the unchecked assault by the Trump administration on democracy, mounting an unprecedented number of legal challenges destined for the US Supreme Court.
| Although their breadth of power may differ, a State Attorney General is the chief legal advisor in their state, serving as counselor to state government agencies and legislatures, and, as chief law enforcement officer, charged with representing and protecting the public interest. Some AGs also play an integral role in the redistricting process.
43 states, DC, Guam, and Northern Mariana Islands directly elect their Attorneys General. The AG is appointed by the State Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in Alaska, American Samoa, Hawaii, New Hampshire, New Jersey, Puerto Rico, US Virgin Islands, and Wyoming. Seventeen states impose some form of term limits on AGs. |
States v. Trump
While a gridlocked Congress fails to stand up to a corrupt White House, the country’s 23 Democratic state Attorneys General, who find themselves at the "intersection of law and public policy," are effectively coordinating multi-state lawsuits to hold Trump accountable.
Exceptionally well organized, they speak on a daily thirty-minute strategy call -- having determined down to the detail, long before Trump was elected for a second term, which courts to file in, the virtues of facing state versus federal judges, and how to ensure their cases would have standing to take on Trump.
At present, state AGs have brought more than 30 multi-state lawsuits against the Trump administration's illegal actions ranging from executive overreach, tariffs, mass federal layoffs by DOGE, gutting diversity and inclusion programs, and dismantling the Department of Education, to environmental policy rollbacks, freezing federal funding, cutting off money for medical research, voting rights, revoking birthright citizenship, and invocation of the Alien Enemies Act (AEA), among others.
In Trump's first term, by far the most litigated presidency in modern history, state AGs brought 155 lawsuits against his administration with an 83% success rate.
Despite court rulings mandating a cease or reversal of the administration's actions, however, Trump and senior White House officials continue to openly challenge judicial authority.
Trump has personally attacked numerous judges who have ruled against him, labeling some “corrupt Democrats” and calling for the impeachment of several in an increasingly hostile reaction to judicial checks on his executive powers.
Vice President J.D. Vance has urged defiance of the courts: “When the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’”
Trump’s Deputy Chief of Staff, Stephen Miller, has taken it a step further, arguing, “Judges have no authority to administer the executive branch. Or to nullify the results of a national election.”
| The Democratic Attorneys General Association (DAGA): Founded in 2002 as a 527 political organization, the DAGA is dedicated to electing Democrats to state Attorney General offices across the country. DAGA provides crucial political and policy assistance to state AGs and assists Democratic candidates running for AG with funding, political advertising, consulting, technical assistance, candidate training, and recruitment. DAGA also works with its GOP colleagues through the nonpartisan National Association of Attorneys General. |
Elections
Following the 2024 elections, the GOP controlled 28 state attorney general offices and Democrats controlled 23, including DC.
With the considerably heightened stakes at hand, Republicans are expected to pour millions of dollars into the 30 state AG races up in 2026. Of those, 16 are held by Democrats and 14 by the GOP.
Arizona, Iowa, Kansas, Minnesota and Wisconsin are expected to be among the most competitive contests.
There is just one Attorney General contest taking place in 2025: Virginia, which is also holding one of two gubernatorial races this year. In the hotly contested upcoming June 17 primary, two Democrats are vying for the nomination to challenge current Attorney General Jason Miyares, who has already secured the Republican nomination.
Former State Delegate Jay Jones (Norfolk), who also served as an Assistant Attorney General for the District of Columbia and was an unsuccessful candidate for the Democratic nomination in 2021, has the endorsements of former Virginia governors Terry McAuliffe and Ralph Northam and Congressman Bobby Scott (VA-CD 3).
Henrico County Commonwealth’s Attorney Shannon Taylor is supported by former Virginia Attorneys General Mark Herring and Mary Sue Terry, as well as former House of Delegates Speaker Eileen Filler-Corn.
Resources
DAGA: About
Find your State Attorney General Here
DemList's The Resistance List: Outlets for Our Outrage
| “It’s now entirely predictable that every time there’s a shift in control of the White House, a flurry of lawsuits will be filed by attorneys general from the other party. It’s clear that state AGs have emerged as one of the most critical checks on presidential powers and aspirations. " - Alan Greenblatt, Editor, Governing Magazine |
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Sources: DAGA, NAAG, USResistNews, Ballotpedia, Politico, 29News, Governing Magazine
