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He filed 25 lawsuits against the federal government in 20 months, sued dozens of Missouri school districts in his crusade to stamp out masking rules, and took the unusual step of the Sunshine Law to mine records associated with forces at odds with his administration.

But many of the people who worked behind the scenes to advance Schmitt’s agenda have bolted in the first five months of new Attorney General Andrew Bailey’s tenure, raising questions about Bailey’s approach as he seeks a full term in 2024.

Bailey, like his predecessor, has pushed himself into the news, leading the charge to oust St. Louis Circuit Attorney Kimberly M. Gardner and to cut off medical care for transgender people. Results have been mixed. While Gardner was forced out earlier this month, Bailey’s legal team lost several preliminary court decisions and withdrew the transgender medical restrictions before further action in the case.

But even as Bailey serves up red meat to the Republican base, he has yet to clear the GOP primary field in 2024. A challenger is looking to make the case that Bailey has departed from Schmitt’s approach, and that Bailey’s headline-grabbing actions mask less-popular decisions that haven’t generated as much notice.

Former federal prosecutor Will Scharf, who announced in March he was seeking the GOP nomination for attorney general, has hired Axiom Strategies, which has a long history of working for Schmitt’s campaigns, and has netted donations from conservative heavy-hitters such as Federalist Society founder Leonard Leo and West Virginia Attorney General Patrick Morrissey.

While some of Bailey’s moves have been widely publicized, others haven’t, such as his decision to no longer represent the Highway Patrol and Department of Public Safety in an illegal gambling lawsuit.

Two companies suing the Highway Patrol and Department of Public Safety — Torch Electronics and Warrenton Oil — gave thousands of dollars to political action committees, which then gave to Bailey’s election effort.

Taxpayers are now paying a private attorney to represent the Highway Patrol.

Scharf’s campaign criticized the move, with a spokesman calling it “ridiculous that taxpayer dollars will now have to be spent on hiring private lawyers to defend the public interest� due to the attorney general’s “decision to accept campaign contributions from parties adverse to the state and from their lobbyists.�

Another action that has caught the attention of Republican observers includes Bailey’s pledge that he did not “intend to use the Sunshine Law as an offensive tool� like Schmitt, the Warren County Record March 16.

Departures

Since Bailey took over in January, the attorney general’s office has seen several high-profile departures, including Solicitor General John Sauer, Deputy Solicitor General Michael Talent, and Deputy Solicitor General Charles Capps.

Sauer and Talent declined interviews for this article; Capps did not respond to a request for comment.

Sauer, hired by the attorney general’s office in 2017, left and formed a St. Louis County-based law firm with Justin Smith, who worked as chief of staff to Schmitt.

Talent, son of former U.S. Sen. Jim Talent of Missouri, now works for the Tennessee attorney general.

Scharf took note of the separations. “It is disappointing and worrying that so many good conservatives have left that office in just a few short months,� he said.

But a spokeswoman for Bailey dismissed any notion that the departures of Sauer, Talent and Capps had negatively affected the office’s ability to pursue original litigation against the Biden administration.

“All of the individuals who left their positions had decided to before Attorney General Bailey took office,� said Madeline Sieren, spokeswoman for Bailey.

“In the last few months alone, we have obtained a preliminary injunction against Biden’s overreaching Waters of the United States rule, argued at the United States Supreme Court to halt Biden’s unconstitutional student loan bailout, and will be asking the Court for an order to block Biden’s blatant violation of the First Amendment in his collusion with Big Tech social media companies to censor speech,� the statement said.

But in the cases Sieren mentioned, Missouri was not leading the legal effort or it was spearheaded under Bailey’s predecessor, Schmitt.

• Missouri is not leading the lawsuit challenging the Waters of the United States rule. West Virginia is leading the case. Missouri was one of to sign on to the lawsuit.

• The Missouri attorney general’s lawsuit challenging the Biden administration’s student loan relief was filed during the Schmitt administration and lists Talent as Missouri’s lead counsel.

• Legal action regarding the Biden administration and social media was initiated in May 2022 under Schmitt and the Louisiana attorney general. A hearing in the case is scheduled for Friday in Monroe, Louisiana, Sieren said.

In one high-profile case against the Lee’s Summit School District, both Talent and Capps withdrew as counsel in March and April, respectively, as they were headed out the door.

The Lee’s Summit School District wants a judge to rule on the attorney general’s power over school districts, the Missouri Independent reported.

With Talent and Capps gone, Deputy Solicitor General Maria Ann Lanahan is now representing the state in the case.

“Our office has not asked for a single continuance on account of these departures,� Sieren said May 8.

The new attorney general has brought on his own staff: former Enterprise Holdings executive Ray Wagner, former St. Louis County Circuit Court Judge Bill Corrigan, and new Solicitor General Josh Devine.

Sieren highlighted Devine’s appointment as solicitor general, noting he graduated from Yale Law, clerked for Justice Clarence Thomas and served as chief counsel to U.S. Sen. Josh Hawley.

Devine’s first high-profile court appearance ended in a big loss.

When he tried to move a case challenging Bailey’s transgender rules to federal court, U.S. District Judge Henry Autrey lectured him on standing instead and denied the motion.

“You can’t just file something in federal court because you want to be in federal court,� Autrey told Divine. “There is this little thing called jurisdiction.�

Sieren also pointed to a Bailey sent to CVS and Walgreens in February that “resulted in Walgreens opting not to send abortion pills in the mail.� Nineteen other attorneys general signed onto the letter.

Bailey also authored a court brief against the U.S. Food and Drug Administration’s decision to permanently allow abortion pills in the mail.

But instead of signing on to Bailey’s brief, 22 other Republican attorneys general signed on to a similar brief led by Mississippi. Missouri did not sign on to Mississippi’s brief.

“Attorney General Bailey has sufficient staff to have accomplished an incredible amount in his first 130 days in office,� Sieren said.