Judicial pushback against Trump agenda likely to go to Supreme Court, experts say
President Donald Trump’s aggressive use of executive power has sparked a wave of lawsuits since he took office in January, with many experts predicting that these legal battles will eventually make their way to the Supreme Court.
John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, noted that Trump’s executive orders and directives have already faced more than 40 lawsuits, covering a range of issues including birthright citizenship, immigration policies, federal funding freezes, federal employee buyouts, and legal actions against FBI and DOJ employees.
Malcolm believes that many of these cases could end up before the Supreme Court, particularly those related to birthright citizenship. He emphasized that if there is a split among the lower courts, the Supreme Court will likely take up the issue.
Erwin Chemerinsky, dean at UC Berkeley School of Law, pointed out that Trump has issued orders that violate the Constitution and federal laws, many of which have already been blocked by the courts. He raised concerns about whether Trump would comply with court orders, as past presidents have done even when they disagreed with the rulings.
One recent example involved a federal judge in Rhode Island ordering the Trump administration to unfreeze federal funds after the administration failed to comply with a previous court order. The administration’s appeal to the First Circuit was denied, indicating that the issue may eventually reach the Supreme Court.
Many of these lawsuits have been filed in traditionally left-leaning federal court jurisdictions, such as the Ninth and First Circuits. Malcolm highlighted that these courts tend to issue more progressive rulings, with the Ninth Circuit having a higher reversal rate than other circuit courts.
Despite the legal challenges, Malcolm believes that the Trump administration is on firmer ground when it comes to cases involving the firing of political appointees. Special Counsel Hampton Dellinger, appointed by former President Joe Biden, recently sued the Trump administration after being fired, but Malcolm suggested that these cases may be more straightforward.
Looking ahead, Malcolm anticipates that Trump’s second term will be marked by continued litigation as he pushes forward with his agenda. He drew parallels to the legal challenges faced by Biden, particularly in issues like redefining sex in Title IX, where a Kentucky federal judge blocked the Biden administration’s efforts.
As Trump’s agenda continues to face legal hurdles, it is clear that the courts will play a crucial role in shaping the outcome of these battles. With a divided judiciary and a polarized political climate, the Supreme Court may ultimately have the final say on many of these contentious issues.
