United States v. State of Maine
Case Overview
The Trump administration's Justice Department sued the State of Maine over a change to Maine's confidential license plate program. Maine has long issued confidential (untraceable) plates to law enforcement so agents can shield their identities during investigations. In January 2026, after a request from Customs and Border Protection, Maine put the federal side of the program under review and adopted a new policy requiring federal agencies, as a condition of receiving confidential plates, to attest that the plated vehicles would not be used for federal civil immigration enforcement. The United States contends this condition discriminates against and regulates the federal government in violation of the Supremacy Clause and the doctrine of intergovernmental immunity, and it seeks a declaratory judgment that the policy is unconstitutional along with an injunction. Filed May 27, 2026 in the U.S. District Court for the District of Maine before Magistrate Judge Karen Frink Wolf. Defendants are the State of Maine, Governor Janet Mills, Attorney General Aaron Frey, and Secretary of State Shenna Bellows, all in their official capacities.
Maine opens its defense with Justice O'Connor on federalism
"The Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day." — Justice Sandra Day O'Connor, New York v. United States, 505 U.S. 144, 187 (1992). In their motion to dismiss (filed August 3, 2026), Maine's lawyers opened with this passage to frame its core defense: that the Constitution's anticommandeering doctrine bars the federal government from compelling the State to issue confidential license plates for federal law enforcement vehicles.
DOJ sues Maine over confidential license plates for federal agents
The Justice Department sued the State of Maine, Governor Janet Mills, Attorney General Aaron Frey, and Secretary of State Shenna Bellows over Maine's confidential license plate policy. Maine issues untraceable plates to law enforcement so agents can shield their identities. In January 2026, after a Customs and Border Protection request, Maine began requiring federal agencies to attest that vehicles bearing those plates would not be used for federal civil immigration enforcement. DOJ argues the condition violates the Supremacy Clause and intergovernmental immunity by discriminating against and regulating the federal government, and asks the court to declare the policy unconstitutional and enjoin it.
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