Former President Donald Trump's renewed presidency has ignited a firestorm of legal battles, with experts predicting numerous cases will ultimately land before the Supreme Court. From executive orders to policy directives, the administration's actions have drawn over 40 lawsuits, covering issues ranging from citizenship and immigration to federal funding and personnel decisions, including actions involving the FBI and DOJ.
Legal scholars anticipate the Supreme Court's involvement, particularly regarding the contentious issue of birthright citizenship, should lower courts issue conflicting rulings. John Malcolm, from the Heritage Foundation, highlighted this, suggesting a potential split among courts would necessitate Supreme Court intervention.
UC Berkeley Law Dean Erwin Chemerinsky pointed out the sheer volume of executive orders he believes clash with constitutional and legal precedents, many of which have already been challenged in court. The critical question, he argues, lies in whether the administration will adhere to judicial rulings, a historical norm even in cases of strong presidential dissent.
Recent legal clashes include a federal judge's mandate to release previously frozen federal funds, an order the administration appealed but was subsequently denied. Malcolm anticipates such fiscal disputes, where the executive branch clashes with judicial directives involving substantial sums, to quickly escalate to the highest court.
The strategic selection of historically liberal court jurisdictions for filing these lawsuits has not gone unnoticed. Malcolm acknowledged this "judge shopping" tactic, observing that many challenges originate in areas known for their progressive judicial leanings.
Despite the legal headwinds, Malcolm believes the administration stands on firmer ground in cases involving the dismissal of political appointees. This follows a recent lawsuit filed by former Special Counsel Hampton Dellinger, who was terminated and subsequently sued the administration.
The legal battles are expected to persist throughout Trump's second term, mirroring the litigation faced by previous administrations, including that of former President Joe Biden. Malcolm cited the Biden administration's legal challenges concerning the definition of sex under Title IX as an example, predicting similar legal skirmishes will continue throughout Trump's tenure.
