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During the past four years, Democratic state attorneys general filed a record number of lawsuits against the Trump administration’s executive orders. [1] Now as the Biden administration takes office, and with the shoe on the other foot, a coalition of six Republican state attorneys general come committed to use “all available means to combat potential federal overreach.” If the partisan divide remains in Congress, as foreshadowed by the current COVID-relief legislation, President Biden’s supporters will urge him to follow the lead of Presidents Obama and Trump and pass landmark policies through executive orders and federal agency regulations. If President Biden takes this road more traveled, we expect even more of the 26 Republican attorneys general to coalesce and file actions to halt such policies. [2]
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