As the sun sets on the Biden administration, Missouri Attorney General Andrew Bailey and Kansas Attorney General Kris Kobach are preparing to make some waves in the legal waters. Just days after the November election, Bailey celebrated a court victory against a federal immigration rule aimed at helping migrants married to U.S. citizens. This decision was part of a broader lawsuit involving 13 other Republican-led states.
In a statement, Bailey claimed that President Joe Biden created a crisis at the southern border, labeling the immigration rule as “an unlawful program invented out of thin air.” Kobach echoed this sentiment, emphasizing that their legal actions were necessary to combat what they perceive as overreach from the federal government.
But with Biden’s administration on the exit ramp, Bailey and Kobach will soon be aligning themselves with a very different administration, as Donald Trump is set to take office on January 20, 2025. This shift will likely transform their roles from adversaries to allies, as they trade their legal sword for a more supportive cheerleading position.
Legal experts are speculating that as the power dynamics change, we might see a shift in focus from federal court battles to local challenges. With the Democrats at the helm of cities, attorneys general like Bailey and Kobach may redirect their legal energies to scrutinizing Democratic-leaning localities and their policies.
Prior to his sinecure, Bailey served under Governor Mike Parson after winning election in 2023, while Kobach’s legal legs have been kicking hard since taking office. Both have cozy ties to Trump; Kobach was part of a White House commission focused on finding voter fraud during Trump’s first term, while Bailey had been rumored for a U.S. attorney general position prior to the latest appointments.
Under the Trump administration, the pace of litigation is expected to plummet compared to the approximately 137 lawsuits filed against Biden’s administration. During the Trump years, Missouri and Kansas attorneys general were practically silent, participating in just two lawsuits against Trump’s policies—quite the contrast to their constant barrage against Biden.
State Senator Mike Cierpiot, a Republican from Lee’s Summit, believes that Bailey will keep his legal gloves ready as he anticipates fewer conflicts with a Trump-led White House. “I think Andrew will do what needs to be done, but with Trump in office, it’s much less likely to happen than with Biden,” Cierpiot stated.
Kobach’s special litigation unit, created to hold Biden’s policies accountable, may have a new agenda now. It appears likely he will gravitate towards addressing local government initiatives that clash with Republican values, such as sanctuary city policies. Political observers anticipate that he will take a stronger stance against any efforts by municipalities to adopt liberal policies.
Indeed, Bailey has shown he isn’t shy about picking legal fights with local officials. Just recently, he threatened legal action against Kansas City’s mayor for endorsing the idea of welcoming migrants to the city. Cierpiot suggests that we can expect more of Bailey’s confrontations with local governments in the coming years as he counters measures that contradict Republican perspectives.
As both Bailey and Kobach fine-tune their strategies in light of the upcoming political transition, the spotlight will undoubtedly remain on Missouri and Kansas—and how these two attorneys general navigate the dual pressures of state and federal governance. With both officials riding the wave of political change, only time will reveal how their legal ambitions will reshape the landscape in Kansas City and beyond.
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