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The governors of a number of blue states are actively taking measures to prevent Donald Trump from causing certain kinds of problems in their states should he win. Washington and Massachusetts bought a 4-year supply of Mifepristone and stored it safely in state at an undisclosed location just in case Trump bans interstate transport of abortifacients by enforcing the Comstock Act. California has made its own deal with car manufacturers about emissions standards, which means they won't be able to sell gas guzzlers and highly polluting cars in California, even if federal standards are eliminated. If all the blue states do the same thing, it won't be worth it to the auto companies to have two production lines, one that meets blue state standards and one that meets (much lower) federal standards, if any. It will be simply easier to sell the blue-state models nationwide. Colorado is about to guarantee same-sex marriage in its state law. In short, many blue states are trying to foresee damage Trump could do if he wins and are trying to counter it in advance. Their AGs are also preparing lawsuits to challenge Trump's regulations on many fronts. Unlike 2016, when Democrats were caught flatfooted, this time they are prepared. Project 2025 has become required reading in blue-state AG offices.
California Assembly Speaker Robert Rivas (D) said: "We've already stopped Trump once and we're prepared to do so again." He is also coordinating with leaders in other blue states. Trump will have a much tougher time governing if half the states are actively opposing him and fighting him tooth and nail on everything. Remember, the Constitution clearly defines what powers the federal government has, delegating other powers to the states. In a Trump administration, there will be many lawsuits from states claiming that the federal government is not allowed to do what Trump is trying to do. This could put some of the conservative Supreme Court justices in a bind. While they may like Trump, they also like muzzling the federal government in favor of the states. The states could win some of the cases.
If Trump wins, Newsom is almost certain to run for president in 2028. He wants to prepare for that by being the leader of the opposition starting Jan. 20 at noon. Under him, California is already pursuing its own foreign policy, negotiating deals on climate change and other things with China, Australia, and other countries. What would happen if Trump pulled the U.S. out of the Paris climate treaty but California (and some other states) joined it? It would take years before the case got to the Supreme Court.
Newsom is also active domestically. Last week he signed a bill requiring insurance companies to cover in vitro fertilization. Again, if the other blue states do the same thing, the insurance companies may decide it is simpler to have one set of policies for the whole country than two, and then cover it everywhere, even where that is not mandated by state law. There are a lot of things the blue states can do to set de facto national standards if they work together.
Currently, 42% of the country's population lives in a state with a Democratic trifecta, 41% lives in a state with a Republican trifecta, and 17% live with mixed government. Of course it could get tricky if red states begin outlawing things blue states are mandating. Imagine what would happen if Texas banned electric cars and passed a law banning all cars that get more than 30 MPG.
In short, if Trump wins he will get major pushback from at least 20 states that will test the limits of federalism in a way it hasn't been tested since 1860. It is one thing for a president to be opposed by individuals who hold rallies and protest marches. It is something quite different for the governors and AGs of 20 states to use their full powers to resist almost everything the president is trying to do and making a good legal case that Trump is exceeding his authority under the Constitution. (V)