What’s Next at States United

Dear friends,

I’ve been thinking a lot lately about the first legal case I ever worked on: the Massachusetts challenge to the federal Defense of Marriage Act. For 200 years in this country, states had the exclusive authority to decide who could get married within their borders. That changed in 1996 when Congress passed DOMA, defining marriage as between a man and a woman. On behalf of the Commonwealth of Massachusetts, and alongside other plaintiffs, we sued the Obama administration, arguing that DOMA interfered with our state’s right to govern and our decision to extend marriage benefits to same-sex couples. And we won.

Over the next four years, I expect that the boundaries between state and federal powers will be tested like never before. The second Trump administration has signaled that it will ignore the rule of law and try to bend the states to its will. Fortunately, when the federal government abuses its power, states can defend their authority to govern and protect the freedoms of their residents. States United was founded four years ago on this very principle—the power of the states in our democracy. We are ready to help, and will provide state officials with litigation support, research, and communications resources to meet the moment, just as we’ve always done.

The legal grounds for state authority are enshrined in the U.S. Constitution. In the Federalist Papers, James Madison wrote: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The founders set up the states as power centers, both to govern their own people and as a check on the federal government.

That wisdom informs what we do at States United. Our defense of election laws and election results is based on the Constitution’s clear guidance that states have primary responsibility for running their elections. In recent months, in addition to our core election protection work, we have been working with state officials and partners to prepare for the possibility of federal overreach under a second Trump administration.

Based on his campaign promises, there are many scenarios that might violate the rule of law and infringe on the freedoms of states and their residents. At States United, we are focusing on three in particular.

First, Trump made clear during his campaign that he will seek to cut funding to states and withhold federal dollars from those that do not comply with his policy demands. Second, he has talked about deploying the military and National Guard for domestic purposes, including to pursue protesters and the “enemy from within.” Third, Trump has repeatedly promised to use the Department of Justice to investigate his critics and “enemies,” which could include state officials, along with civil society leaders, journalists, and businesses.

It is patently unconstitutional to abuse executive authority to deploy the military for domestic purposes, to weaponize federal funding against states, or to weaponize the Justice Department to pursue political opponents. States will have clear grounds to push back and to pursue accountability.

If the Trump administration tries to put impermissible conditions on federal funds, states will have the full power of the law and the Constitution to challenge those actions in court. Governors will also use every lever at their disposal to push back against attempts to deploy federal troops in a way that puts state residents at risk or encroaches on the governor’s authority over their National Guard or state police. They will coordinate closely with local public safety leaders to protect their residents from unlawful federal actions. And if the Department of Justice pursues political retribution, its attorneys could be subject to professional discipline by state bars for violating their oaths.

States have moved to protect their interests during previous presidencies. During Trump’s first term, I served as Deputy Attorney General in Massachusetts, and we were among many states to file suit against his administration for federal overreach and interference. We did it to protect our residents and to enforce the law. Judges appointed by both parties resoundingly agreed. This gives me hope for the future.

Now an incoming administration is signaling that it will seek to abuse federal power and infringe on state authority more aggressively than any other administration has in our time. This means states will have three critical tasks: they will need to defend their right to govern, take on work abandoned by the federal government (for example, civil rights enforcement and workplace protections), and continue to make progress on the issues that matter most to their constituents.

As state officials rise to that challenge, they will need support from us and from other pro-democracy organizations. We know the list of potential threats will grow, and our work at States United will adapt along with them. We’re staffed with a bipartisan team of litigators, communication professionals, law enforcement experts, and researchers. Every one of us is committed to providing robust support to governors, attorneys general, and secretaries of state in the years ahead.

We can be confident that public opinion is on their side, too. The word “democracy” means many things to many people, but we know Americans steadfastly support free and fair elections, checks and balances, and the rule of law. These are the pillars of our democracy, and Americans, regardless of party, want them preserved and protected.

State leaders have great capacity to do good, to find solutions and keep promises they made to their constituents. States are, famously, the laboratories of our democracy—the places where most of the governing happens, and where government can improve people’s daily lives. They have immense power in America. State leaders can use it to protect their people and our democracy. As we enter this new era, I’m confident that they will, and all of us at States United will be proud to stand with them.

Joanna Lydgate
President & CEO