On this week’s episode of Inside Olympia, Washington Attorney General Nick Brown discussed the potential for a constitutional crisis in the United States, following controversial actions by the Trump administration. Brown says that while the country is not currently in a constitutional crisis, it is approaching a critical point. A constitutional crisis, he explained, occurs when the mechanisms for resolving disputes or enforcing accountability fail, or when government actors blatantly disregard the Constitution. He says the country is not at that point – yet – and that the process is working.
Brown pointed to several actions by the Trump administration he says have raised alarms among legal experts. He specifically cited the administration’s frequent use of executive orders and emergency declarations to bypass Congress, arguing that such actions undermine the separation of powers, a core principle of the Constitution. He also said the legal battles over subpoenas and congressional oversight, with the judiciary stepping in more often than usual to resolve disputes between the executive and legislative branches.
Despite these concerns, Brown pointed to the resilience of the Constitution. While acknowledging the system is under strain, it is still functioning. He said the judiciary is maintaining its independence in the face of pressure from the administration, but warned that an overburdened judiciary could lead to instability.
Brown emphasized that while the president’s actions are being challenged in court by Washington and other states, the legal process is proceeding as it should. However, he cautioned that any attempt by the administration to disregard court rulings could push the nation closer to a constitutional crisis.
In the second half of the interview, Brown shifted focus to the priorities and challenges facing his office, saying it has broadened the range of issues it handles, including housing, worker protections, and environmental enforcement. Brown also said he was concerned about rising payouts on tort lawsuits against state agencies, and emphasized the need to collaborate with client agencies to reduce harm and improve policies.
As the state is facing a projected budget shortfall of $10 billion to $12 billion, Brown remains opposed to using funds from consumer protection lawsuit settlements to support the general fund, arguing that doing so would undermine important work in areas such as civil rights and environmental protection.