How States Can Unite, Fight Back, and Reclaim Our Democracy

Is there a way that blue states can stop the radical authoritarian takeover by this federal government? A bold strategy to do just that is called "soft secession or oppositional federalism." It is broadly defined in Wikipedia as “non-cooperation with the US federal government by a city or state.” It is non-violent, utilizes legal state powers and precedents, and relies on the resources of blue state governors, attorneys general, and legislatures working in sync with each other. Together, states have tremendous power to create the leverage necessary to resist the law-less and violent actions of ICE, preserve funding that has been denied, and maintain economic resilience and social safety nets regardless of federal corruption. It could be called a form of large-scale peaceful protest, similar to civil disobedience, but enacted by states themselves. One example of how soft secession is already happening is the West Coast Health Alliance. Washington, Oregon, California, and Hawaii formulated their own vaccine standards and distribute shots in order “to uphold scientific integrity” in public health, in direct defiance of the current Center for Disease Control and Prevention led by RFK Jr.

Why use such an extreme solution? While some say the country is on the road to fascism, others look at history’s examples and say we are already there. Using Project 2025 as their roadmap, this administration has been a juggernaut, moving more swiftly and effectively on many fronts than anyone expected as it harms innocent people, tramples the constitution, ignores judicial orders, and overwhelms the mediasphere with chaos and confusion. “Our government is being torn apart root and branch [and] we are in an economic and rule-of-law crisis,” said UCLA law professor Jon Michaels on a recent KQED/PBS Forum. While a few voters in rural red states may be unhappy with the effects of the tariffs, six separate  polls done in January show that between 38 and 42 percent of Americans still support the MAGA agenda. This indicates that any major reversals in the regime’s tactics are unlikely. In addition, despite a handful of strong Democratic voices calling out the corruption, because most Republicans in Congress reflexively kowtow to Trump, this body no longer serves as one of the federal government’s “checks and balances.”

There are ways to create the foundation for a blue state offensive.

Establish accountability. Blue state attorneys general already communicate regularly, share legal strategies, and coordinate litigation. Federal officials violating state laws can be prosecuted by state attorneys general because state criminal statutes apply to anyone within state borders. This includes federal immigration agents who kidnap citizens or do home invasions without the proper warrants. In addition, the Supremacy Clause does not protect violations of the constitution or protect officials when they exceed their authority.

Create financial leverage. In 2023 seven blue states contributed approximately $180 billion more to the federal government than they got back in federal spending. They can use that leverage to resist illegal directives coming from Washington, DC. A public state-owned bank (which already exists in North Dakota, and which currently has a bill in the Washington State Legislature) can return revenue while providing low-cost loans for infrastructure, education, and small business. States can pass a law requiring every employer to redirect federal tax withholdings to a state escrow account instead of to the IRS. They can hold these funds until the federal government certifies that it has met its obligations. The Impoundment Act of 1974 prevents presidents from refusing to spend appropriated funds. Recall that in October 2025’s shutdown the administration froze $18 billion in New York City infrastructure, and $8 billion in climate funding across 16 blue states, despite the fact that withholding appropriations is illegal. Trump has been directing ICE and Homeland Security to target blue states like Minnesota and Illinois with ICE surges and kidnap-pings, while using millions of blue state tax dollars to do it.

We know that this administration and its corrupt Department of Justice will push back against challenges from state governments. But with enough states working together and citizens pressing their governors, attorneys general, and legislators to use the legal powers they have, we can protect our people, our rights, and our social safety nets. As a clear-eyed opposition looking down a very dark road, we have little to lose by trying.