Attorney General Nick Brown has had his hands full since January. Since his term as Washington state’s top prosecutor coincides with the second Donald J Trump administration, Brown has been tasked with a balancing act —handling local legal affairs while simultaneously battling the federal government on several fronts.
A source of advice for Brown may be his predecessor, current Governor Bob Ferguson, who previously served as Attorney General for twelve years, and who sued the federal government 97 times between 2017 and 2021. “He [Ferguson] scored 39 legal victories in those cases, including multiple victories at the United States Supreme Court. He experienced only two legal defeats,” the AG’s office stated in 2021.
As a U.S. Attorney under the Biden administration, Brown’s capability of handling hefty caseloads was tested. Washington voters gave him a passing grade, electing Brown as Attorney General over opponents Pete Serrano and Manka Dhingra, but will constant challenges to the Trump administration take focus away from in-state responsibilities?
Brown doesn’t think so, having stated in February that his priorities would remain local, but he feels well-equipped to stand up to both President Trump and Trump’s advisor, Elon Musk. With his and Ferguson’s experience combined, Brown called Washington “uniquely suited to do this work.”
In total, the state is participating in eleven lawsuits, as of April 11, against the Trump administration. Upon request, the Washington Attorney General’s Office summarized and provided updates to the Lynnwood Times on five federal lawsuits that Attorney General Brown is leading or co-leading on behalf of Washingtonians.
Cases Washington state is leading:
- Washington v. Trump (W.D. Wash. 25-cv-127; 9th Cir. 25-674): This is a challenge to Executive Order 14160, which purports to limit birthright citizenship. The district court granted the States’ preliminary injunction motion, and the appeal of that injunction is pending at the Ninth Circuit Court. Briefing is underway and the appeal will be heard by the Ninth Circuit on June 5, 2025.
- Washington v. Trump (W.D. Wash. 25-cv-244; 9th Cir. 25-1922): This is the challenge to the executive orders purporting to restrict gender-affirming care for people under 19 and attacking “gender ideology.” The district court largely granted the States’ and plaintiff physicians’ preliminary injunction motion challenging several sections of the two EOs. The federal government appealed to the Ninth Circuit. Briefing is underway at the Ninth Circuit, and it is anticipated that arguments will be scheduled for late summer.
- Washington v. Trump (W.D. Wash. 25-cv-602): This is the challenge to Executive Order 14248, which purports to change election administration. Washington and Oregon filed their complaint on April 4.
Cases Washington state is co-leading:
- Colorado v. Dept. of Health & Human Servs. (D.R.I. 25-cv-121): This is a case challenging HHS’s sweeping cuts to public health programs and grants. The district court granted the States’ motion for temporary restraining order. A motion for reconsideration is pending and briefing on the preliminary injunction is underway. The hearing on the preliminary injunction motion will be on April 17, 2025.
- Massachusetts v. Kennedy (D. Mass. 25-cv-10814): This is a case challenging NIH’s delays in considering grant applications and terminations of grants. Briefing on the States’ motion for preliminary injunction is underway and the hearing on the motion is scheduled for May 9, 2025.
Author: Kayvon Bumpus
