After Donald Trump win, Maryland AG Anthony Brown announces Federal Litigation Unit
Maryland Attorney General Anthony Brown wanted to reassure people after the presidential election: their rights and freedoms would be protected.
"As the attorney general, my role and responsibility is to protect not just the interests of the state of Maryland," Brown told reporters on a Zoom call, "but to protect the interests of Marylanders."
Following the election of Donald Trump to a second term as president, Brown said his office would create a team to respond to any actions or policies from the federal government that could harm Marylanders. His announcement came as Democratic leaders in other states vowed to take similar steps to preserve access to abortion, protect the environment and safeguard immigrant and LGBTQ+ rights.
The framework for a team is contained in the Maryland Defense Act, which the legislature passed in 2017 to give the attorney general the broad authority to sue the federal government over actions or inactions that threaten the public interest and welfare of Marylanders.
The act requires the governor to earmark at least $1 million in the proposed budget for five attorneys and costs related to carrying out the law.
Brown said his office employs skilled attorneys who work every day on behalf of the people. But without additional resources, he said, he will have to pull from other areas — which would harm Marylanders.
He said he's including money for the team in his budget request. If that's going to be honored, Brown said, he will ask the governor to advance those funds in the current fiscal year "so that we can put into place the people that we need to put into place to do this work."
The Maryland Office of the Attorney General on its website lists six job openings for the Federal Litigation Unit: one senior assistant attorney general, four assistant attorneys general and one litigation assistant.
"I'm not representing today that I have a commitment of resources," Brown said. "But I have to do this concurrently."
"I've got to make the solicitation, get the people onboard, and I am confident that I'll be able to find the resources," he added. "Because one way or the other, we are going to resource a federal litigation unit."
Spokespeople for Gov. Wes Moore, a Democrat, as well as Senate President Bill Ferguson, a Democrat from Baltimore, and House Speaker Adrienne A. Jones, a Democrat from Baltimore County, did not immediately indicate whether they back the proposal.
In a statement, Senate Minority Leader Stephen Hershey Jr., a Republican who represents parts of the Eastern Shore, said the attorney general has worked to expand the office and its powers.
Brown, he said, should be more concerned about the "unconstitutional bills" Hershey claims the Democrat-led legislature has been known to pass.
"As the General Assembly continues to contend with a massive budget shortfall, we must ask ourselves if weaponizing Maryland's Attorney General's office against the Federal Government is the best use of precious state resources," Hershey said.
The attorney general's office is already the state's largest law firm, said House Minority Leader Jason Buckel, a Republican from Allegany County.
Brown, he said, has a lot of talented attorneys in his office. With the budget challenges that the state is facing, Buckel said, he does not think that hiring additional staff to pursue litigation is an "appropriate allocation of resources."
"To me, there's so many needs," Buckel said. "There's not going to be any shortage, I guarantee you, of states and private groups and nonprofit groups suing the Trump administration come January."
During his time as Maryland attorney general from 2015 to 2023, Brian Frosh sent more than 90 letters to the governor indicating that he was going to bring or join a lawsuit against the Trump administration.
Those included cases that challenged an executive order that banned travel for 90 days from seven predominantly Muslim countries, sought to defend the Affordable Care Act and alleged that Trump was violating the foreign and domestic emoluments clauses of the Constitution.
Frosh said he had to cobble together resources.
He said he felt that his office did a great job. But Frosh believes that effort could have been better if he had full-time employees working on cases.
"Democracy is at risk, and so are the rights and the protections we've come to rely on," Frosh said. "Giving the attorney general of Maryland the support to take it on, I think, is vitally important."
Democratic leaders in other states have announced that they're taking similar steps.
In California, Gov. Gavin Newsom moved to convene a special legislative session focused on strengthening legal resources in the state to protect its values and rights.
New York Gov. Kathy Hochul and Attorney General Letitia James vowed to safeguard fundamental freedoms.
Meanwhile, Massachusetts Attorney General Andrea Joy Campbell has been working to identify potential threats that a second Trump administration poses and developing strategies to address them.
"Across the country, attorneys general will be on the front lines to protect our fundamental rights and freedoms, and Massachusetts will continue to be a beacon of light and hope," she said in a statement. "My office is prepared for the threats our residents may face, ready to act and we will not shy away or back down from the critical work ahead."
Some advocacy groups in Maryland are also getting ready for a second Trump presidency.
Jossie Flor Sapunar, national communications director for CASA, an immigrant advocacy organization, said the group prepared for the possibility of a Trump victory.
CASA not only employs a general counsel, she said, but works with two to three law firms.
"We're getting ready to sue and getting ready to counteract whatever Trump shenanigans are coming," she said. "We're actively preparing for the worst so that we can take it right to the courts."
