A Wave of Executive Orders Sparks Controversy

Since taking office for a second time in January, Trump has unleashed a series of executive orders and directives aimed at pushing his agenda forward. However, these actions have been met with over 40 lawsuits, challenging everything from his controversial birthright citizenship order to significant changes in immigration policy, and actions regarding federal funding and employee buyouts.

John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, stated, “President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged.”

Key Issues Likely to Reach the Supreme Court

The legal arguments surrounding Trump’s birthright citizenship order are among the top cases that may eventually reach the Supreme Court. “If there ends up being a split among the courts, that issue will certainly be taken up by the U.S. Supreme Court,” Malcolm said.

Additionally, the involvement of federal courts has already proven significant, as seen in the recent ruling by a Rhode Island federal judge mandating the Trump administration to restore federal funding that had been frozen. Following the ruling, Trump’s team quickly appealed, but the First Circuit denied their appeal.

As Malcolm put it, “Judges ordering the federal government to spend billions of dollars when the administration is saying that that is not in the best interests of the United States, I would expect that issue to be on a fast track to the U.S. Supreme Court.”

Constitutional Concerns and Historical Precedents

Legal scholars are also voicing concerns regarding the constitutionality of many of Trump’s actions. Erwin Chemerinsky, the dean at UC Berkeley School of Law, indicated that “Trump has issued a myriad of orders violating the Constitution and federal laws” and mentioned that numerous orders have already been rescinded or postponed by the courts.

Chemerinsky raised the crucial question of whether Trump would comply with court orders, pointing out that “almost without exception, throughout American history, presidents have complied with Supreme Court orders even when they strongly disagree with them.”

The Political Landscape of Legal Challenges

Many lawsuits filed against the Trump administration are taking place in courts known for their liberal leanings, such as the Washington D.C. federal court. These courts are perceived as favorable grounds for challenges to Trump’s policies, with Malcolm noting that “judge shopping is nothing new” and asserting it aligns with the liberal ideology of the region.

The increasing number of challenges has prompted Democrats to form rapid response teams aimed at combatting Trump’s agenda, showcasing the ongoing political battles at play.

The Future of Trump’s Administration

Despite the obstacles presented by legal challenges, Malcolm believes that Trump’s administration has a solid legal basis, particularly regarding the dismissal of political appointees. Recently, Special Counsel Hampton Dellinger, appointed by former President Joe Biden, filed a lawsuit after being fired by Trump’s administration.

Looking ahead, Malcolm predicts that Trump will continue to face litigation similar to that experienced by Biden, especially regarding highly contentious issues like Title IX interpretations. He remarked, “There are a lot of these issues that end up coming up…and I suspect that the same sorts of issues will come up during the Trump administration, and they’ll be full employment for lawyers throughout his entire term.”