
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 governments will control each other at the same time that each will be controlled by itself.”
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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.
“I put aside what I agree or disagree with and focus on the law. And where I see the administration doing something that is undermining the rule of law and thus the rights of Pennsylvanians, then I plan to take legal action.”
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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.
“And 19 attorneys general lined up with me. We filed an action in the Eastern District of Pennsylvania. And we not only won an injunction to protect Pennsylvania, we won an injunction to protect women all across this country.”
Episode Description
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