Tensions over the relationship between Maryland and the Trump administration bubbled over on the Senate floor Thursday as Republicans walked out after losing a procedural vote on a resolution expanding the attorney general’s powers to sue the federal government.
The resolution, which would allow the state’s top lawyer to sue the federal government without the permission of Gov. Larry Hogan, received preliminary approval after the walkout.
About two-thirds of the Senate’s 14 Republican members left the chamber after the Democratic majority refused to grant them a delay to further study the legislation and to prepare amendments.
Such a delay, known as a special order, is typically granted routinely as a courtesy. But Democrats said that in this case it was important not to delay passage of the resolution so the attorney general could respond to legal issues as quickly as possible.
Senators voted 28-18 to reject the delay and proceed to a final vote expected Friday.
Attorney General Brian E. Frosh, a Democrat, is seeking broad authority from the General Assembly to bring suit to protect Marylanders against what sees as harmful actions by the Trump administration.
Under current law, Frosh would have to seek permission from Hogan, a Republican, to file a lawsuit.
Sen. Richard S. Madaleno Jr., the floor leader for the legislation, noted that the Maryland Constitution allows for either the Assembly or the governor to give permission for a suit.
"We are exercising the powers that have been granted to us by the people in the Constitution," said Madaleno, a Montgomery County Democrat. The legislation would permit Frosh to bring suit on a wide variety of issues, from health care to the environment to Trump’s restrictions on immigration from Muslim majority countries.
Senate Thomas V. Mike Miller said that in 41 states, the attorney general already has independent power to bring suit.
One of the Republicans who later walked off, Harford County Sen. Robert G. Cassilly, charged that the measure is "blatantly unconstitutional."
But Miller, a Calvert County Democrat who typically grants minority requests for delay, was unyielding in this case.
"I just want to get the damn thing off the floor as quickly as possible," he said. "It’s a very divisive issue."
Senate Minority Leader J. B. Jennings said all he was asking for was one day’s delay.
"This thing is on a rocket docket. It’s going to fly out of here," the Baltimore County Republican said.
But Miller said after the vote that a delay wouldn’t have mattered.
"This is an issue where not a single vote will change," he said.
mdresser@baltsun.com
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