More than 40 lawsuits submitted in recent days by general representatives, trade unions and non -profit organizations are trying to build a war on federal courts against President Trump Blitzkrieg of Executive Actions that have increased a large part of the federal government and challenged the system of the Constitution inspections and balances.
Unlike the opening of Mr. Trump’s first term in 2017, only a small significant resistance to his second term appeared in the streets. Hallly Congress or in his own Republican party. For the time being, lawyers say that the court branch can be.
“The courts are really the first line,” he said Skye Perryman, CEO of Democracy forwardwho submitted nine court disputes and won four court orders against Trump’s administration.
Multiple legal pushback has already brought fast – albeit potentially fleeting – results. In nine cases of federal courts for some time, the courts will partially join the administration on its goals. They belong to Termination of automatic citizenship for children Born to undocumented immigrants on American soil; Transmission of transgender female prisoners to prison only for men; potentially Exposure to the identity of the FBI staff who investigated on January 6, 2021, an attack on Capitol; coaxial federal workers Accept the “delayed resignation” in close time; and Freezing up to $ 3 trillion into home spending.
The judiciary’s reaction to legal calls continues over the weekend. On Friday afternoon Judge Carl Nichols, district judge nominated by Mr. Trump. said would issue a temporary restrictive order to stop Administrative holidays of 2,200 employees at the US Agency for International Development and the impending withdrawal of almost all agencies from overseas.
Also on Friday evening, Judge John D. Bates, nominated by President George W. Bush, rejected the Elona Musk team in access to the department’s data. While this case is going on, Judge Bates’s decision was the first victory of Mr. Trump’s new administration in the Federal Court. In the early hours of Saturday, US district judge Paul A. Engelmayer, one of the nominated President Obama, limited access According to the government efficiency program Mr. Musk for payments and data systems of the Ministry of Finance and stated that the approach would risk “irreparable harm”.
The judges had no words. In Seattle last week, and The district judge issued The second nationwide court order blocks the order of Mr. Trump to end the universal citizenship of birth. “The Constitution is not something that the government can play with political games,” said Judge John C. Coughen. Such a change, he added, could only be made by changing the constitution. “This is how the rule of law works.”
But while the executive branch is entrusted with the capacity for fast, decisive measures, the judiciary is a slow design and the legal opposition to Mr. Trump’s opening movement can try to keep up with its fire hose disruption.
“Last night I ate dinner with my family with a headphone in my ear and listened to a conference call and tried to be a father at the same time,” said California, General Rob Bonta from California on Friday. “It’s hard work, but we don’t ask anyone to regret us.” That’s what we have registered. ”
The first three weeks of Mr. Trump in the office brought a score of executive orders to support US foreign aid, domestic expenditure and social policy, many in the open defiance of existing law. Without buy-in or even consulting with the legislative government sector, the president dominated the unilateral executive power in an effort to dismantle parts of the government, to suppress the regulations governing civil service, to turn over a century of precedens on the immigration law, seek, seek, seek, seek revenge on his perceived enemies And liberal advances make in the area of diversity and rights to justice and transgender.
“No president should be able to rewrite 120 years of interpretation of the institution with a pen blow,” said Dan Rayfield, General Prosecutor Oregon. “This is an existential threat.”
Some lawyers see the deliberate efforts of the executive branch to assess the boundaries of the legality as a strategy of a bare joint to overcome the president’s opposition and eventually win at least some decisions on the precedens from the conservative Supreme Court.
“It seems that the administration wanted calls that consume a lot of resources – opponents, courts and public attention – although the members of the administration know that the provisions do not apply to the law that exists,” said Judith Resnik.
To support Mr. Trump, the President’s orders are under the powers of the Constitution on the Executive Branch. It is said that this is a return pressure that overcomes the constitutional boundaries set out in the third part of the judiciary.
“President Trump did not steal the strength of other branches,” said Mike Davis, who leads Article III ProjectConservative Group of Advocacy. “He performs his powers to Article II under the Constitution.” And judges who say they can’t? They are wrong. The Supreme Court is going to the side with Trump. ”
As narrow as the popular voting margin wasWhite House officials say Mr. Trump’s victory in November was a mandate to apply extraordinary power.
“Every measure taken by Trump-Vance is fully legal and in accordance with federal law,” spokesman Harrison Fields, a White House spokesman, said in his statement. “Any legal challenge against this is nothing but an attempt to undermine the will of the US people.”
This should actually be for the courts to determine – if Mr. Trump follows their decisions. Democratic officials returned to court on Friday request to force the federal judge Its restrictive order, which was supposed to keep billions of dollars in the Federal Grant Funds. They said that Trump’s administration did not fulfill.
Final judgments will not come soon. The Department of Justice has already been dismissed by the Ministry of Justice against the Court of Appeal for the Ninth Ring Road, which blocks Mr. Trump’s court order to block Mr. Trump’s executive order to end automatic citizenship for children born on American land.
The output of some cases through court courts, the appellate courts and then to the Supreme Court may last months. These lengthy battles will be political and legal and will stand on a president who is considered to be almost invincible leader of the populist movement against the general representatives of almost all democrats, with their own ambitions, some legal scientists say.
“General representatives quickly threw themselves into action.” If they eventually prevail in court and public opinion, they will reap political dividends for their perceived defense and justification of the rights of their citizens, ”said Akhil Reed Amar, professor at the Faculty of Law Yale.
If the General Prosecutors use a campaign against Mr. Trump to burn their own political future, Mr. Amar added, that is also design. “Our constitution was designed to face ambitions,” he said. “This is how the framers pulled out the plan.”
Those who deal with cases say they are not surprised by the task ahead of us. Parallel efforts of democracy ahead and general representatives of democratic lawyers to prepare for the second Presidency of Trump they were in progress Since the beginning of 2024. Now the plaintiff coalitions have been huddled at Slack long after midnight to prepare complaints in response to the latest movements of the administration. The general prosecutors largely introduced a unified front, with several occasional Jostling at the last minute to decide who would get the highest billing as one of the leaders of the case and on which it would be.
The only surprising factor? Elon Musk, a billionaire who has been handed over to an extraordinary – and perhaps illegal – to reduce and transform the government without a real title or confirmation of the Senate.
Matthew J. Platkin, General of New Jersey, called Mr. Musk “One Wild Card”.
“I’m not even sure Trump knows what he is doing,” Mr. Platkin said about Mr. Muska. “He is a unmarried billionaire who runs around the government, cutting a huge amount of labor and breastfeeding with all potentially illegal ways.”
In legal submissions, the Ministry of Justice he was asking The fact that Mr Musk’s collaborators act legally as employees who are described in detail to agencies across the government and that they are under the authority of the reigning members of the cabinet.
States have “special care” as a prosecutor, the doctrine based on the decision of the Supreme Court of 2007. This doctrine, which has brought less weight in recent years, facilitates state disputes that claim that their rights or rights have been violated . For these same states, it may be harder to apply this doctrine in the claims against Mr. Musk’s teams, which operate at the federal level and affect the states less directly, according to lawyers who are familiar with the efforts of the General Prosecutors.
But this wrinkle has not stopped Judge Engelmayer in the tiles, for the time being with Letitia James, the General of the New York, and 18 other prosecutors from their efforts to prevent Mr. Musk’s teams outside the sensitive systems of the Ministry of Finance.
Have argued The fact that the provision of the government efficiency of the team would violate the institute and harm states relying on the Ministry of Finance in financing payments for children’s support and debt.
“I think we are in the middle of the constitutional crisis right now,” Mrs. James said when the lawsuit was announced last week.
Mrs. Resnik, Professor of the Faculty of Law Yale, said that while she expected the legal system to be “resistant”, it was difficult to overestimate bets for the judiciary in the coming weeks and months.
“Unlimited power is the opposite of the US Constitution,” she said. “This point is exposed every time you enter the US Supreme Court, where the words are etiped in the stone:” equals justice by law. “”
Jenna Russell, Laurel Rosenhall, Charlie Savage, Chris Cameron, Jacey fortin and Mush The report contributed. Seamus Hughes contributed research.