Washington AG and AG‑elect say state is prepared to legally respond to potential federal actions

Attorney General Bob Ferguson said Wednesday that Washington’s legal team has spent months preparing to respond to potential federal actions under a possible second Trump administration and that the state is “prepared to defend their freedoms and protect their rights.”

Ferguson, joined by attorney general‑elect Nick Brown and several senior legal staff, said the office has reviewed Project 2025 and Agenda 47 — documents he described as road maps for priorities a second Trump administration might pursue — and identified possible threats to reproductive rights, health‑care access and environmental protections. “What is in Project 2025 and Agenda 47 constitutes an assault on reproductive rights, health care access, [and] environmental protections,” Ferguson said. He singled out the 1873 Comstock Act, potential changes to DACA and proposals to remove federal protections for LGBTQ people as examples of items the office is watching closely.

The office’s primary tools, Ferguson said, are litigation and state enforcement of Washington law. He noted the office’s recent track record against federal actions: "Between 2017 and 2021, our legal team defeated 55 such illegal actions and we lost 3 cases," and said Washington led 36 multistate cases during that period. Ferguson also described growth in the attorney general’s office since 2017, including an environmental enforcement team that he said expanded from roughly one investigator in 2017 to about 28 staff today.

Brown, the incoming attorney general, said he has already had outreach from other Democratic attorneys general and national groups and that coordination across states and venues will be important. "We need collaboration. We need partnership," Brown said, adding that the office will use every appropriate tool to defend Washingtonians if federal actions are illegal or cause harm.

Reporters asked how the state would approach several hypotheticals.

On possible federal use of troops or the National Guard for mass deportations, Ferguson described a three‑question framework the office has used: is the action illegal or unconstitutional; are Washingtonians being harmed; and does the state have standing to sue. If the answers to those questions are yes, he said, the office would consider litigation. On sanctuary policies, Ferguson said the state would analyze whether any federal move to withdraw funding or impose penalties was lawful and noted he had discussed financial implications with the state treasurer. He also acknowledged the federal government’s primary authority over immigration while saying Washington would monitor impacts closely and act if it believed federal conduct was unlawful.

On reproductive‑rights protections, Ferguson said Washingtonians have made clear through past ballot measures their support for reproductive freedom and that a state constitutional amendment is among possible tools, though he emphasized practical constraints in the legislature. He referenced ongoing litigation surrounding access to mifepristone and praised Gov. Jay Inslee’s steps, saying a governor can pursue measures such as purchasing multiyear supplies of medication to help protect access.

Ferguson stressed that legal decisions are discipline‑driven rather than political. "We asked three questions," he said of prior litigation choices, and added that fear of retaliation or retribution from the federal government should not drive whether the state brings suits. Brown echoed that if Washingtonians are harmed and the law is violated, it is the office’s duty to act.

Both men acknowledged the federal judiciary has changed since 2017 and that success in court may be more difficult; they said that fact, and the likelihood that a future administration may be better prepared, has shaped their planning. Ferguson also said his role will change when he becomes governor, giving him different tools (for example, executive actions or procurement choices) to protect state interests.

Ferguson concluded by thanking the attorneys and staff who have worked on past multistate litigation and said the office will continue both its "bread‑and‑butter" state enforcement work — consumer protection, civil rights, environmental enforcement and other priorities — while preparing to respond to federal actions. He said he hopes the team will not need to file new lawsuits against the federal government but that they have been preparing for months and will act where appropriate.

The conference was followed by a broad question‑and‑answer period in which reporters pressed for specifics about contacts with other state officials, potential legal strategies, and contingency steps the incoming governor could take to protect access to medications and services.