How To Sue The Federal Government and Win

Key Takeaways

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  State Attorneys General serve as a vital constitutional check - following the logic of Federalist 51, states act as an independent sovereignty to constrain federal power and protect the rights of the people.

  “The important role that state's attorney general's, attorney's general play... is to act on the part of states to constrain and act as a check on federal power.”

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  Legal action against the executive branch must prioritize the rule of law over politics - effective litigation is based on whether an administration's actions are lawful rather than simple partisan disagreement or personal opinion.

  “What we are not doing is just organizing opposition to the president for the sake of opposition. What we are doing is organizing ourselves around the rule of law.”

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  Multi-state coordination creates national impacts - by strategically selecting lead states and filing joint actions, Attorneys General can secure national injunctions that protect citizens far beyond their own state borders.

  “I view the Constitution quite literally as giving, through the 10th Amendment, the state's broad authority.”

Episode Description

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