CLike an air of déjà vu: with the return to power of Donald Trump, California intends to take the lead in the “resistance” to the Republican president by uniting several Democratic states on immigration, abortion and the environment.
During his first term, the tribune notably tried to cancel the federal exception which allows the “Golden State” to impose its own pollution standards, stricter than elsewhere in the United States. His broad re-election this week, with a program of mass expulsions of illegal immigrants, augurs new showdowns.
Many associations fear, for example, that the new president will try to attack the abortion pill. “Our fight for freedom and opportunity continues,” California Democratic Governor Gavin Newsom responded on Wednesday, the day after the results. “We intend to stand alongside states across the country to defend our Constitution and uphold the rule of law,” he warned, praising American “federalism,” which leaves latitude important to the 50 states of the country to administer themselves.
California Attorney General Rob Bonta explained that he was preparing to challenge the measures of a future Trump administration in court, whenever necessary. “No matter what the incoming administration has in store […]we will continue to control excesses and push back against abuses of power,” he insisted.
Legal battles in perspective
Officials in other Democratic states, including New York, Illinois, Oregon and Washington, have also announced their desire to resist. “If you try to harm New Yorkers or roll back their rights, I will fight you every step of the way,” promised New York State Governor Kathy Hochul, for example.
Discussions are already underway to coordinate the anti-Trump battle in court. States can ask federal judges to freeze the policies of the administration in power when they may violate the Constitution. A prerogative widely used during the first Trump presidency, which thwarted the billionaire’s efforts to get rid of certain migration or health policies passed under Barack Obama. California alone has initiated more than 100 legal proceedings against Donald Trump’s policies during his last term.
These delaying tactics have been taken up by many Republican states under Joe Biden. “These procedures are moving as fast as a snail,” reminds AFP Kevin Johnson, professor of law at the University of California at Davis. “Some cases go around the lower courts, and when they get to the Supreme Court, there is a new president. »
Trump angry
Faced with this mutiny which is reconstituting itself, Donald Trump expressed his anger on Friday, calling Gavin Newsom, his sworn enemy at the head of the most populous state in the country, “scum”. The Democrat is “trying to KILL beautiful California,” he launched on his Truth Social network, denouncing his desire to “stop all the GREAT things that can be done to make California great again.”
Immigration will once again be at the center of the battle between Democratic states and the White House. During Trump’s last term, California was the first to declare itself a “sanctuary state”, where local law enforcement is prohibited from collaborating with federal police to identify undocumented immigrants. The Republican tribune could put pressure on restive states by suspending their federal funding.
More experienced, this time he also evokes more radical measures, such as accelerated expulsions without going through the courts, or the intervention of the army along the Mexican border. Actions that would be unprecedented and likely to face legal challenges.
The cost of these battles promises to weigh on the budgets of the States involved. But California, cradle of American tech and renewable energies, remains an economic powerhouse of the country.
Resistance could, however, be less easy, observes Julian Zelizer, professor of political history at Princeton University. Because Donald Trump was this time elected with a fairly clear lead, and even improved his score in many Democratic states. “Politically, it could be a little more difficult (…) to start again,” he believes.
