Six attorneys general have sent a letter to President Joe Biden, warning him that many of the executive orders he issued during his first week in office will be challenged on constitutional grounds.
Any actions he takes that might exceed statutory authority, are inconsistent with constitutional law or risk civil liberties could result in legal action brought by states, attorneys general from West Virginia, Arkansas, Indiana, Mississippi, Montana and Texas warned in the letter.
Litigation is never a first option, the attorneys general said in the letter, and they offered to help the new administration implement polices that are “consistent with the Constitution and the rule of law.”
The Administrative Procedure Act, which governs the agency rulemaking process, has been frequently invoked to challenge executive branch rules and regulations.
Within a day of issuing an order to halt oil and gas leasing on federal lands, the administration was sued by the Western Energy Alliance.