Democrats flipped five state attorney general offices in the Nov. 3 elections, a shift that could change which states sue the Trump administration, and which defend it, starting in January. Reuters reported the pickups in Texas, Georgia, Iowa, Ohio and Kansas.
Key Highlights
- Democrats are set to hold 29 state attorney general offices to Republicans’ 22, according to WilmerHale, after the five Republican-held offices changed party control.
- Many changes are plans or possibilities. The new officials do not take office until January.
- Policy areas at stake include abortion, immigration, elections and consumer protection, Reuters reported.
- The Justice Department did not respond to a Reuters request for comment.
The Five Flipped Offices
In Texas, Democrat Nathan Johnson beat Republican Mayes Middleton by about 7 points and will replace Ken Paxton, WilmerHale reported. In Georgia, Tanya Miller beat Brian Strickland by about 11 points. In Iowa, Nate Willems defeated incumbent Brenna Bird, 51% to 49%.
In Ohio, John Kulewicz narrowly beat Keith Faber. Reuters reported that Chris Mann narrowly defeated Kansas incumbent Kris Kobach. WilmerHale said Kansas was expected but not final, and that Kobach had not conceded.
What Incoming Attorneys General Say
Johnson said, “The Texas AG’s office has been operating as the private law firm of the Maga movement,” and added, “No more,” according to Reuters. He also said the office “was never conceived to be an extension of federal immigration enforcement.”
Mann said, “I want to refocus it away from political agendas.” WilmerHale reported that Miller said she would join Democratic-led multistate suits only where it helps Georgians.
Abortion and Health Cases
Texas is suing the Food and Drug Administration over its approval of the abortion pill mifepristone, according to Reuters. If Texas withdraws, Florida would be the remaining plaintiff. Kansas could withdraw from a separate challenge to mifepristone access rules, which would leave Missouri and Idaho.
Johnson said he will review all pending suits from Paxton’s office. Reuters reported that Texas could also drop cases over its 2023 ban on gender-affirming care for minors. Texas has also sued Kenvue over claims about acetaminophen in pregnancy, and Kenvue denies wrongdoing.
Immigration and Other Legal Fights
Texas’s SB4, which lets state authorities arrest people suspected of crossing the border illegally, is in effect after an April appeals court ruling. Reuters said the new attorney general could drop the state’s defense.
The U.S. Supreme Court is considering Iowa’s appeal over a similar law. Willems could decline to defend it if the court takes the case, Reuters reported. Texas’s Ten Commandments law and a federal case over Georgia’s congressional maps could also be affected, Reuters said.
How Multistate Litigation May Shift
WilmerHale said Kansas’s role as a high-profile conservative litigant is likely to end, and that Ohio is expected to back away from Republican-led suits and selectively join bipartisan coalitions. Reuters said Johnson plans to review the state’s partnership with ICE and refocus on antitrust and consumer protection.
Republican Response
Conservative lawyer Mike Davis called the losses “a major setback for key conservative causes,” Reuters reported. Florida Attorney General James Uthmeier, a Republican, said, “This office has been leading these fights since the day I took office, and we’re going to keep leading them.”
Reuters noted that Florida’s office is about a third the size of Texas’s. The White House referred to Trump’s earlier comments that Republicans lost the midterms because he was not on the ballot.
What to Watch Next
Key questions are whether Kansas is finalized, which pending suits each office withdraws from and how Republican attorneys general respond. For background on the vote, see our midterm elections coverage.
Watch: Texas Election Results Coverage
Video: “Democrats sweep Texas statewide elections in historic shift” (YouTube).