Maryland Attorney General Anthony Brown is going more in depth on the recent lawsuits filed on behalf of the state and its residents in response to actions taken by the Trump administration.
The most recent lawsuit the state signed on to last week asked for a temporary restraining order to stop the mass firings of federal workers, and he and other Democratic attorneys general also want the courts to reinstate workers who have been let go.
Brown said the Trump administration is “clearly overstepping their bounds, both exceeding their authority, as well as just the process that’s put in place by various federal statutes and regulations that say when either the president or Congress is exercising power, these are the ways that you have to do it.”
The Trump administration’s efforts are in violation of existing laws and regulations, Brown said. Adding that his office, which represents the state of Maryland, has the legal standing to intervene on a matter involving the president and the executive branch.
“Part of that analysis is can the state … demonstrate harm against the interests of the state? There are over 100 actions filed against Trump administration. There’s a reason why the state is in less than 10 because we don’t have standing in every case,” he argued.
“What we’re alleging is that the state of Maryland is harmed when you lay off, en masse, a large number of federal government employees — you don’t give us the 60 days notice required under the law,” he added. “Why is that 60 days notice required? Because these large layoffs impact communities, and we need to be able to respond to communities.”
He said the reasoning behind those terminations can also dictate what types of unemployment benefits the state will be required to pay out.
“On the one hand, the administration says, ‘Oh no, we’ve gone through a process. We’ve evaluated them, and we’re terminating them for good cause,'” Brown said. “While just a few months ago, they (the now-laid off worker) got an evaluation that said that they were doing outstanding work.”
Brown added that it’s unfeasible that the Trump administration — which has only been in the White House for nearly 3 months — would be able to conduct so many evaluations that led to terminations.
“So you have people who are terminated for no cause at all, the administration says ’cause,’ it raises issues in the context of unemployment insurance benefits. That’s a cost to the state as we navigate and wade through those waters to determine what benefits are available to these terminated employees,” he said. “All of that amounts to harm to the state of Maryland, a cost of resources and time and money to the state.”
Brown said a similar argument is behind the state’s lawsuit against the Office of Personnel Management and its efforts to pause or cancel federal funding for a number of agencies and projects. These are cases that seem destined to reach the U.S. Supreme Court, and while a large number of Democrats around the country have gradually lost faith in the high court, Brown said he isn’t among them.
“I continue to have trust in our courts. That doesn’t mean I agree with every outcome and decision — whether it’s the Supreme Court, could be the Fourth Circuit,” he explained. “From time to time, federal district judges, they issue certain orders supported by certain opinions that we may agree with or disagree with, but I still have confidence in the judiciary.”
He described the Supreme Court as “a conservative court,” but one that still relies on principles that the majority of American believe in.
Brown said he has been in continued contact with other Democratic attorneys general around the country, as the continued coordination of some of these lawsuits hint at. Some cases, like the lawsuit challenging the Trump administration’s efforts to end birthright citizenship, were ready to go within hours of the president’s inauguration.
Brown said that was expected. He also expects to be behind more lawsuits in the future, saying he anticipates the Trump administration will take more of what he calls “unlawful actions” that will harm Marylanders.
“If you look at the playbook that the president is using, if you look at his rhetoric on the campaign trail, and then you compare that with the actions he’s taken to date, there’s a lot that he has not yet done, that he has promised the American people he would do that we anticipate will be harmful,” Brown said. “When you look at the volume of executive orders that have deprived people of their rights, that have cut off funding to individuals and governments, there’s more to come.”
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