'The Resistance' Leaders Among Democrats Are Trying to 'Trump-Proof' Their States. It Won't Work.

This is an exercise in futility. The doctrine of preemption or "Supremacy" gives the federal government the right to supersede any state law whether by legislative or administrative action. 

Article VI, section 2 of the U.S. Constitution says that both the Constitution and federal law supersede state laws. Supreme Court decisions have expanded the Supremacy clause by adding "implied preemption" to "express preemption." 

The governors can take their case to court, but they are almost certain not to prevail. 

It may not work to stop federal laws and rules issued by Trump, but as a political strategy for those seeking higher office, it's as good as gold. Waving the bloody shirt to prove how anti-Trump a candidate is never ceases to enthrall Democrats.

Newsom was the first out of the box to openly brag about "Trump-poofing" California. Newsom says he's worried that Trump will roll back climate change laws and regulations as well as all the radical environmental regulations. One of those regulations would end the sale of new gas-powered vehicles.

Politico:

Newsom will advocate for the eight waivers that California still hasn’t received from the federal Environmental Protection Agency to let it phase out fossil fuel-burning cars, trucks and trains. EPA has until President Joe Biden’s last day in office, Jan. 19, to approve the waivers, which give California authority to enforce stronger-than-federal air standards. Trump — who’s consistently attacked California’s electric vehicle policies — has promised to revoke California’s zero-emission rules once in office. Any waivers that haven’t 

already been approved, however, can simply be denied.

Other Trump-proofing efforts involve fully funding litigation offices of the state government to make sure they have plenty of cash to challenge any laws or rules Newsom doesn't like.

The precedent this radical bozo is setting is horrible. Now, Republican governors will feel obligated to "resist" Democratic presidents. It's a gut punch to federalism and will serve only to drive us further apart as a nation.

The same holds true for the radical Democratic attorneys general who will challenge every rule they disagree with authored by the Trump administration.

"I didn’t run for attorney general’s office twice so that I could sue Trump. That’s not what I’m here for,” Minnesota Attorney General Keith Ellison said at a press conference. “But if he violates the rights of people, we’re gonna sue, it’s simple as that.”

Also keep an eye on the new crop of attorneys general from states that played a big role in prior lawsuits against Trump, like Dan Rayfield in Oregon and Nick Brown in Washington.

These offices will leverage their large staff of attorneys to likely challenge nearly every move from the Trump administration. In the days since the election, some offices have issued an open casting call to expand the ranks of their litigation attorneys, posting on Linkedin that “the need for the best and brightest lawyers to join us has never been greater.”

But while those attorneys general may be more practiced suing Trump this time around, they face more institutional and political challenges that could make it difficult to prevail in court, namely a more conservative Supreme Court that Trump has played a major role in shaping. The president-elect also has the backing of more Republicans in Congress who will likely look to use their majorities in both chambers to pass legislation superseding state laws

Non-cooperation on Trump's deportation plans is most often mentioned by state officials as the "red line" that Trump can't cross. In the past, the sanctuary cities have made it clear that they won't do the job that the Immigration and Customs Enforcement (ICE) has been tasked with performing. That's fine. Tom Homan, the new ICE director, says that he and his agents will do the work for them.

And they won't be able to do anything to stop him.