Missouri Attorney General Andrew Bailey has vowed to take measures targeting China to enforce a $24.5 billion lawsuit over the COVID-19 pandemic, though the gesture seems more aimed at reinforcing conservative claims of Chinaโs responsibility for the crisis rather than any actual collection of funds.
In a similar vein, Bailey recently filed a lawsuit against Starbucks, accusing the company of discriminating against white men, which appears to be a strategic move against corporate diversity, equity, and inclusion initiatives rather than a straightforward legal battle. This reflects a broader trend where state attorneys general have become prominent figures in challenging the policies of presidential administrations from opposing political parties.
For years, the role of attorneys general focused on crime-fighting and enforcing local laws. However, attention has shifted significantly towards lawsuits addressing national issues, often as a response to federal initiatives perceived to overreach. These actions have opened attorneys general to accusations of political grandstanding, but they serve to advance various policy agendas and draw national attention to key issues.
Missouriโs Attorney General Bailey believes that his actions highlight a perceived failure of the law by the political left and underscores the necessity of enforcement due to alleged constitutional violations by progressive lawmakers. Both Democrats and Republicans engage in similar legal strategies against the opposing partyโs administrations. This approach gained traction in the 1990s with a major lawsuit against tobacco companies leading to substantial settlements.
While lawsuits from attorneys general draw criticism, they can yield political benefits. Success stories include Josh Shapiro from Pennsylvania, who leveraged legal challenges to the Trump administration into a successful gubernatorial campaign. Conversely, Kris Kobach revitalized his political career in Kansas by winning the attorney general post on a platform of potential lawsuits against the Biden administration.
Missouriโs previous Republican attorneys general, Eric Schmitt and Josh Hawley, both transitioned from state roles to the U.S. Senate. Baileyโs own high-profile actions have raised his national profile to the extent of consideration for U.S. Attorney General, a position he ultimately did not receive.
Bailey vigorously defended the lawsuit against China, citing it as a landmark victory due to claims of China hoarding protective gear during the pandemic. However, experts like Benjamin Wittes suggest that practical issues, such as asset seizure from China, complicate financial recovery efforts. Nonetheless, Bailey persists in targeting multiple concerns besides China.
Apart from international lawsuits, Bailey has threatened various entities and taken legal actions on diverse issues, spanning from local to national politics. His office has engaged in numerous lawsuits against President Bidenโs administration over policies ranging from immigration to environmental and gun safety measures.
Even after President Bidenโs tenure, Bailey remained active, urging a review of Bidenโs mental qualifications on a social media platform, suggesting potential executive overreach during his presidency.
Another notable lawsuit against Starbucks followed former President Trumpโs directive to dismantle certain federal diversity programs. Bailey charges that Starbucksโ diversity goals unjustly impact white males, claiming preferential hiring that led to a workforce demographic shift. Starbucks has refuted these claims, maintaining its commitment to inclusive opportunities for all employees.
As lawsuits may not always succeed, they can still serve as tools to prompt behavioral adjustments among defendants and potentially delay or alter policies, according to political analyst Paul Nolette.