Posted on 02/12/2025 6:10:33 PM PST by 11th_VA
State governments, community groups, advocacy nonprofits and regular Americans have filed a large and growing number of federal lawsuits opposing President Donald Trump’s barrage of executive orders and policy statements. Some of his actions have been put on hold by the federal courts, at least temporarily.
As a scholar of the federal courts, however, I expect the courts will be of limited help in navigating through this complicated new political landscape.
One problem is that the U.S. Supreme Court in recent years has moved sharply to the right and has approved of past efforts to expand the powers of the presidency. But the problem with relying on the courts for help goes beyond ideology and right-leaning justices going along with a right-leaning president, as happened in Trump’s first term.
One challenge is speed: The Trump administration is moving much faster than courts do, or even can. The other is authority: The courts’ ability to compel government action is limited, and also slow.
And that doesn’t even factor in statements by Trump, Vice President JD Vance and “special government employee” multibillionaire Elon Musk. All three have indicated that they are open to ignoring court rulings and have even threatened to seek the impeachment of judges who rule in ways they don’t like.
Speed
… The administration’s strategy, it seems, is the longstanding tech-company mantra: “move fast and break things.” The U.S. courts do not – and by design cannot – move equally quickly.
It can take years for a case to wind its way through the lower courts to reach the U.S. Supreme Court. This is by design.
Courts are deliberative in nature. They take into account multiple factors and can engage in multiple rounds of deliberation and fact-finding before reaching a final ruling. At every stage, lawyers on both sides are given time to make their cases. Even when a case does get to the Supreme Court – as many of these lawsuits likely will – it can take months to be fully resolved.
By contrast, Trump’s and Musk’s actions are happening in a matter of days. By the time a court finally resolves an issue that happened in late January or early February 2025, the situation may have changed substantially...
Breadth
When Republicans disagreed with any of Joe Biden’s executive actions – for example, his student debt forgiveness plan – they went to federal court to obtain nationwide injunctions stopping the implementation of the plan.
But injunctions will not be as helpful given Trump’s recent playbook. A court blocking one order isn’t enough to stop the administration from trying different tactics. In 2017, courts blocked the first two versions of Trump’s ban on travel to the U.S. from majority-Muslim countries – but ultimately allowed a third version to take effect. And if an attack on one agency is blocked, the administration can try similar – or different – tactics against other agencies.
The strategy of moving fast and breaking things is successful if the other side – or even the process of repair – can’t keep up with all the different strategies. Courts can be part of the strategy to preserve the Constitution, but they cannot be its only defenders.
Authority
… On the campaign trail, Trump’s running mate JD Vance said, “When the courts stop you, stand before the country like Andrew Jackson did and say, ‘The chief justice has made his ruling, now let him enforce it.’” He also recently remarked that “Judges aren’t allowed to control the executive’s legitimate power,” hinting at strong opposition to rulings the administration disagrees with...
It’s liberal bilge decrying how Trump will be successful. How is that a good read?
BTTT
It’s a liberal rag, but encouraging … they admit they are helpless
Fixed it.
Couldn’t disagree more with the premise that Trump and Musk are “attacking democracy.”
That arrogant prick who wrote this isn’t entitled to simply assume its truth.
I guess I see your point.
I didn’t think so. They blamed everything but the real reason...because the courts can’t intrude into the operation of the executive branch.
Dear Alt Left assclowns
Apparently you have NO idea what the word “Democracy” means.
Democracy via our Constitutional Republican form of Government elected President Trump. He is doing the job he was elected to do.
You all, on the other hand, are a bunch of infantile hysteric whiners who have no idea at all what your are talking about.
All Trump needs to stop this is have a few judges checked out deeply. In a short time no dem judge will take a case against him
“When Republicans disagreed with any of Joe Biden’s executive actions – for example, his student debt forgiveness plan – they went to federal court to obtain nationwide injunctions stopping the implementation of the plan.”
And that chomo ignored the SCOTUS ruling. So KMA democrats.
Martin LaMonica, Leftist pamphleteer.
This guy doesn’t know his left from his right, or his ... from a hole in the ground.
Save democracy? I don’t buy his premise that what DOGE is doing is destroying democracy. Exact opposite in fact.
Power back in hands of people, no more spending taxation dollars without representation.
“Save democracy.”
Leftists. 🙄
Yes, having the elected President control the Executive Branch is indeed a threat to democracy.
When someone screams about Musk and the DOGE effort, follow the money. I don’t think anyone can state the reason for the opposition better than this:
https://x.com/4Mischief/status/1889796402982576316
Someone just got caught with their buffalo briefs down.
“It’s liberal bilge decrying how Trump will be successful. How is that a good read?”
When I read it, I envision liberal tears 😭, and that makes it a good read (for me).
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