By: Sydney Basden
The Tar Heel State keeps ending up in court—on purpose. North Carolina Attorney General (“AG”) Jeff Jackson has joined numerous lawsuits against President Trump’s administration since becoming the state’s chief litigator in January. Outside North Carolina, people know him less as an elected official and more as the man behind no-nonsense videos breaking down political headlines.[1] But, he’s both.
It is somewhat common for state AGs to sue a president’s administration, particularly when they are of opposite political parties.[2] In 2025, however, it’s more common than ever.[3] As of mid-August, the Democratic Attorneys General Association reported 47 lawsuits filed against President Trump’s second administration since his January inauguration.[4]
AGs have standing to bring lawsuits because of their mandate to protect the public interest.[5] AG Jackson’s website says his office “may institute court proceedings on behalf of the State, its agencies or its citizens in any and all public interest matters.”[6] But state Senate republicans are trying to ban him from filing these suits.[7] Their proposed legislation encompasses a similar question to AG Jackson’s litigation: to what extent can elected officials police one another’s actions?
AG Jackson has sued the federal government over citizenship determinations, federal funding cuts, and more. This is not an exhaustive list, only snapshots of some notable ones.[8]
Birthright Citizenship
AG Jackson’s first lawsuit came the day after President Trump’s inauguration. One of the first executive orders sought to remove birthright citizenship from children born to non-citizen parents.[9] The AGs argued the order violated the U.S. Constitution’s Fourteenth Amendment, which guarantees citizenship to individuals born on U.S. soil.[10] “The Constitution leaves no room for executive reinterpretation on this matter—it is clear, settled, and binding,” said AG Jackson.[11] Furthermore, he argued standing because the order “harm[ed] North Carolina’s sovereign, proprietary, and quasi-sovereign interests.”[12]
In mid-February, a judge issued a preliminary injunction to stop the order from taking effect.[13]One factor in issuing preliminary injunctions weighs the likelihood of a plaintiff’s success.[14] In this case, the Court found the AGs “nearly certain to prevail” based on the Constitution.[15] Despite the Supreme Court’s later ruling that federal judges are limited in issuing nationwide injunctions against orders,[16] a New Hampshire court later paused the order via class-action lawsuit,[17] so it has yet to take effect. If it returns to the Supreme Court, a textual reading of the Constitution would strongly favor the AGs, but the Court’s conservative majority often sides with the Trump administration, so results are unclear.
Federal Funding Freezes
AG Jackson filed another suit in January to prevent massive federal funding freeze.[18] An Office of Management and Budget directive tried to “temporarily pause” federal funding for activities that “may be implicated by” executive orders.[19] Agencies were instructed to review funding to ensure compliance with the orders, potentially cutting funding to thousands of organizations.[20] “This sudden freeze in federal funding is so sweeping that it could cause widespread and immediate harm across our state–delaying disaster recovery in our western counties, undercutting law enforcement, and affecting children and veterans,” AG Jackson said.[21]
The temporary restraining order was granted[22] and furthered by preliminary injunction, when a judge ruled the order “imposed a categorical mandate on the spending of congressionally appropriated and obligated funds without regard to Congress’s authority to control spending.”[23] The administration’s motion to stay pending appeal at the First Circuit was denied.[24] The AGs are likely to win this lawsuit because the Constitution gives Congress the ability to allocate funding through the budget.[25] The executive branch does not have the ‘power of the purse,’ so it is unlikely to prevail.
North Carolina has also sued for disaster relief funding. One April suit centered on AmeriCorps terminating funding for the state’s recovery from Hurricane Helene.[26] A preliminary injunction came in June,[27] and AmeriCorps agreed to release funding in August, ending this litigation.[28] AG Jackson also sued the Federal Emergency Management Agency after it shut down an “all-purpose pre-disaster mitigation program.”[29] North Carolina was set to lose more than $200 million in funds to better prepare the state for natural disasters.[30] The cuts were temporarily blocked, but funding has not been released pending further litigation.[31] Similar to the other funding freezes, agencies of the executive branch do not have clear authority to cut Congressionally-allocated funds, so the administration will likely face an uphill battle.
Less than a month before school started, AG Jackson joined suit to protect $6.8 billion in funds for public education, $165 million for North Carolina.[32] “Public schools across North Carolina, especially in rural areas, need this money to keep teachers in the classroom and keep kids safe while they learn,” he said.[33] A week later, the Trump administration released the funds at issue, stopping the litigation.[34] Like other lawsuits, this was likely to be a win for the AGs because the funds were appropriated by Congress.
Two healthcare suits have been filed. One involved an attempt by the Department of Health and Human Services to terminate more than $11 billion in healthcare funding nationwide.[35] “That [$230 million] supports rural hospitals, health care workers, emergency services, and public health programs that protect seniors and families across North Carolina,” AG Jackson said.[36] The coalition of AGs requested a temporary restraining order,[37] which was granted and later replaced by a preliminary injunction in mid-May ordering the funding to be disbursed.[38]
Another healthcare suit centered around medical research funding from the National Institutes of Health.[39] This suit had a crucial difference: funding was from NIH grants, not Congress. This brought a separation of powers issue: if the money was allocated solely by an executive agency, can another branch of government change or stop it? According to the Supreme Court, no. AGs received a preliminary injunction maintaining funding,[40] but the Supreme Court ruled the lower court lacked jurisdiction to do so.[41] The Court argues the case should have been filed in the Court of Federal Claims, which hears money claims and contract disputes involving the federal government.[42] The lawsuit focused on grants awarded by the agency itself, not allocated by Congress. Thus, it is likely not to impact the other litigation.
Senate Bill 58
Despite the democrat’s public support, North Carolina Senate republicans are less pleased with AG Jackson. Senate Bill 58 was filed in early February and seeks to prevent AG Jackson, and future AGs, from “advanc[ing]” any lawsuit “that would result in the invalidation of an executive order issued by the President of the United States.”[43] It goes even further than last year’s law banning AG litigation against the state legislature.[44] This bill passed along Senate party lines but appears to have stalled in the House since March 13.[45]
North Carolina elects AGs, causing questions about if the bill passed and was simply ignored. “What happens if he ignores this?” asked Sen. Julie Mayfield, “You can’t impeach him.”[46] Sponsor Sen. Tim Moffitt planned ways to retaliate, mainly repealing state laws authorizing the AG’s powers: “Just zero it out. That way, the attorney general is a feckless, empty shell who has no ability to do anything.”[47]
Across the country, state AGs file suit on behalf of the people, challenging executive and legislative action at all levels. This separation of powers is in the U.S. Constitution and mirrored in the states. North Carolina’s Constitution declares the “legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from one another.”[48] If the legislature can explicitly prohibit AG Jackson—a member of the executive branch—from filing lawsuits, does that violate the state Constitution?
Maybe not. The AG does not have enumerated powers in the Constitution, only powers authorized by the state legislature.[49] By leaving the AG’s role to the legislature, it “creates an opportunity for gamesmanship” and limits a successful challenge.[50] North Carolina is not the only state with limits on AGs: the Wisconsin state supreme court ruled “prescribed by law” language limits the AG to only statutory authority.[51] Even if passed by the House, the bill likely does not have support to survive a veto from democratic Governor Josh Stein. But the legislature has retaliated against previous AGs by slashing budgets and restricting power in other ways, so AG Jackson’s abilities are far from safe.[52]
AG Jackson posts fewer of his “practical and direct” videos as AG than previously in Congress. Now, news comes mostly from the state’s Department of Justice. Whether keeping his head down due to the proposed bill, coordinating litigation with state AGs, or simply carrying out his AG role, he emphasizes “[t]his is fundamentally a nonpartisan job.”[53] Despite his nonpartisan ideals, suing the Trump administration doesn’t feel very neutral. By putting North Carolina at the forefront of states’ pushback against federal action, his tenure may become a study in how far officials can go to curb one another’s powers. Who knows? Maybe he’ll post a video about it one day.
[1] See Jeff Jackson (@jeffjacksonnc), Instagram, https://www.instagram.com/jeffjacksonnc/# (last visited Sept. 10, 2025).
[2] See Mark C. Miller, State Attorneys General, Political Lawsuits, and Their Collective Voice in the Inter-Institutional Constitutional Dialogue, 48 J. Legis. 1, 5—8 (2021).
[3] Democratic Att’ys Gen. Ass’n, Dem AGs have filed 47 lawsuits against the 47th president, Facebook (Apr. 18, 2025), https://www.facebook.com/DemocraticAGs/posts/dem-ags-have-filed-47-lawsuits-against-the-47th-president/1182501260588988/.
[4] See id. It is worth noting that several of those lawsuits were filed by a bi-partisan coalition of democratic and republican AGs, though the majority were democrats.
[5] See Tara Leigh Grove, When Can a State Sue the United States?, 101 Cornell L. Rev. 851, 863 (2016).
[6] Duties & Responsibilities, N.C. Dep’t of Just., https://ncdoj.gov/about-ncdoj/duties-and-responsibilities/ (last visited Sept. 10, 2025).
[7] S. 58 2025 Gen. Assemb., Reg. Sess. (N.C. 2025).
[8] Press Releases, N.C. Dep’t of Just., https://ncdoj.gov/newsroom/press-releases/ (last visited Sept. 10, 2025).
[9] Exec. Order No. 14,160, 90 Fed. Reg. 8449 (Jan. 29, 2025).
[10] Complaint for Declaratory and Injunctive Relief at 2, New Jersey v. Trump, No. 1:25-cv-10139 (D. Mass. Jan. 21, 2025).
[11] Attorney General Jeff Jackson Defends Americans’ Constitutional Rights, N.C. Dep’t of Just. (Jan. 21, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-defends-americans-constitutional-rights/.
[12] Complaint for Declaratory and Injunctive Relief at 9, New Jersey v. Trump, No. 1:25-cv-10139 (D. Mass. Jan. 21, 2025).
[13] Memorandum of Decision on Motions for Preliminary Injunction, New Jersey v. Trump, No. 1:25-10139-LTS (D. Mass. Jan. 21, 2025).
[14] Id. at 13.
[15] Id.
[16] See Trump v. CASA, Inc., 145 S. Ct. 2540 (2025).
[17] Preliminary Injunction, N.H. Indonesian Cmty. Support v. Trump, No. 1:25-cv-38-JL-TSM (D.N.H. Feb. 10, 2025).
[18] Request for Emergency Temporary Restraining Order Under Federal Rule of Civil Procedure 65(b) at 2, New York v. Trump, No. 1:25-cv-00039 (D.R.I. Jan. 28, 2025).
[19] Id.
[20] Id.
[21] Attorney General Jeff Jackson Sues to Block Freeze on Federal Funds, N.C. Dep’t of Just. (Jan. 28, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-sues-to-block-freeze-on-federal-funds/.
[22] Temporary Restraining Order, New York v. Trump, No. 1:25-cv-39-JJM-PAS (D.R.I. Jan. 31, 2025).
[23] Preliminary Injunction at 4, New York v. Trump, No. 1:25-cv-39-JJM-PAS (D.R.I. Mar. 6, 2025).
[24] New York v. Trump, No. 25-1326 (1st Cir. Mar. 26, 2025).
[25] U.S. Const. art. I, § 8, cl. 1.
[26] Complaint for Declaratory and Injunctive Relief, Maryland v. AmeriCorps, No. 1:25-cv-01363-DLB (D. Md. Apr. 29, 2025).
[27] Order, Maryland v. AmeriCorps, No. 1:25-cv-01363-DLB (D. Md. June 5, 2025).
[28] Attorney General Jeff Jackson Wins Back Funding for Western North Carolina Recovery, N.C. Dep’t of Just. (Aug. 29, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-wins-back-funding-for-western-north-carolina-recovery/.
[29] Complaint at 2, Washington v. Fed. Emergency Mgmt. Agency, No. 1:25-cv-12006 (D. Mass. July 16, 2025).
[30] Attorney General Jeff Jackson Sues Over $200 Million in Cuts to Water, Sewer, and Flood Protections, N.C. Dep’t of Just. (July 16, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-sues-over-200-million-in-cuts-to-water-sewer-and-flood-protections/.
[31] Memorandum and Order on Plaintiffs’ Motion for a Preliminary Injunction, Washington v. Fed. Emergency Mgmt. Agency, No. 1:25-cv-12006-RGS (D. Mass. Aug. 5, 2025).
[32] Complaint for Declaratory, Injunctive, and Mandamus Relief, California v. McMahon, No. 1:25-cv-00329 (D.R.I. July 14, 2025).
[33] Attorney General Jeff Jackson Sues to Protect $165 Million for NC Public Schools and Nearly 1,000 NC Educator Jobs, N.C. Dep’t of Just. (July 14, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-sues-to-protect-165-million-for-nc-public-schools-and-nearly-1000-nc-educator-jobs/.
[34] Attorney General Jeff Jackson Restores $165 Million in Public Education Funding for North Carolina Public Schools, Teachers, and Students, N.C. Dep’t of Just. (July 25, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-restores-165-million-in-public-education-funding-for-north-carolina-public-schools-teachers-and-students/.
[35] Complaint for Declaratory and Injunctive Relief at 2, Colorado v. U.S. Dep’t of Health and Hum. Servs., No. 1:25-cv-00121 (D.R.I. Apr. 1, 2025).
[36] Attorney General Jeff Jackson Sues Over Unlawful $230 Million Cuts to North Carolinians’ Health Care, N.C. Dep’t of Just. (Apr. 1, 2025), https://ncdoj.gov/attorney-general-jeff-jackson-sues-over-unlawful-230-million-cuts-to-north-carolinians-health-care/.
[37] Temporary Restraining Order, Colorado v. U.S. Dep’t of Health and Hum. Servs., No. 1:25-cv-00121-MSM-LSA (D.R.I. Apr. 5, 2025).
[38] Memorandum and Order, Colorado v. U.S. Dep’t of Health and Hum. Servs., No. 1:25-cv-00121-MSM-AEM (D.R.I. May 16, 2025).
[39] Complaint for Declaratory and Injunctive Relief, Massachusetts v. Nat’l Inst. of Health, No. 1:25-cv-10338 (D. Mass. Feb. 10, 2025).
[40] Memorandum and Order on Motion for Preliminary Injunction, Massachusetts v. Nat’l Inst. of Health, No. 1:25-cv-10338 (D. Mass. Mar. 5, 2025).
[41] On Application for Stay, Nat’l Inst. of Health v. Am. Pub. Health Ass’n, No. 25A103 (U.S. Aug. 21, 2025).
[42] Court Info, U.S. Ct. of Fed. Claims https://www.uscfc.uscourts.gov/court-info (last visited Sept. 19, 2025).
[43] S. 58 2025 Gen. Assemb., Reg. Sess. (N.C. 2025).
[44] N.C. Gen. Stat. § 114-2.8.
[45] Bill Lookup: Senate Bill 58, N.C. Gen. Assemb., https://www.ncleg.gov/BillLookUp/2025/s58 (last visited Sept. 10, 2025).
[46] Will Doran, NC Senate Votes to Ban Attorney General Jeff Jackson From Suing Trump. Critics Fear ‘Unchecked Power’, WRAL News (Mar. 5, 2025, 4:53 PM), https://www.wral.com/story/nc-senate-votes-to-ban-attorney-general-jeff-jackson-from-suing-trump-critics-fear-unchecked-power/21894639/.
[47] Id.
[49] N.C. Const. art. III, § 7, cl. 2.
[50] Dylan Erikson, Attorney General Duties Are a Frequent Target of Legislative Gamesmanship, State Ct. Rep. (June 18, 2025), https://statecourtreport.org/our-work/analysis-opinion/attorney-general-duties-are-frequent-target-legislative-gamesmanship.
[51] In re Estate of Sharp, 217 N.W.2d 258, 262 (Wis. 1974).
[52] See Doran, supra note 46.
[53] Eduardo Medina, The Secret to One Swing State Democrat’s Rise? Wonky TikTok Videos., N.Y. Times (Aug. 9, 2025), https://www.nytimes.com/2025/08/09/us/north-carolina-attorney-general-jeff-jackson.html.
