Legal Battles and Executive Power: The Trump Administration’s Second Term

An Overview of the Legal Showdown

The second term of President Donald Trump has been marked by a wave of legal challenges from Democratic officials and advocacy groups. University of California, Berkeley law professor John Yoo predicts that Democrats will "waste millions" of dollars on lawsuits aimed at blocking Trump’s executive orders, with little success to show for it. Yoo, a former deputy assistant attorney general during the George W. Bush administration, argues that Trump’s executive actions will largely prevail in court, albeit with some delays. Since Trump’s inauguration on January 20, his administration has already faced at least 54 lawsuits in response to his executive orders. These legal battles are part of a broader strategy by Democrats to resist Trump’s "America First" agenda, which includes policies on government spending, immigration, and transgender sports participation.

The Flood of Lawsuits: A Sign of Resistance

The sheer number of lawsuits against the Trump administration reflects the intense opposition to his policies. Trump has signed at least 63 executive orders in his first three weeks in office, including 26 on his first day. These orders aim to reshape federal policy, such as the creation of the Department of Government Efficiency (DOGE) to tackle government waste and mismanagement. Democratic state attorneys general and local leaders have vowed to fight these policies in court, viewing them as harmful to their constituents. For example, some lawsuits have already resulted in temporary injunctions, including three federal judges blocking Trump’s order to end birthright citizenship.

From Lawfare to Legislative and Legal Resistance

While Yoo distinguishes the current lawsuits from what he calls "lawfare" — the deliberate use of legal systems by the party in power to prosecute political opponents — he acknowledges that Democrats are now using the courts to slow down Trump’s agenda. During Trump’s first term and the years leading up to his re-election, he faced four criminal indictments, which he condemned as politically motivated attempts to undermine his 2024 campaign. Now, however, the legal battles are focused on Trump’s official policies rather than personal conduct. Yoo notes that this is part of the normal "thrust and parry" of separation of powers, with Democrats using the judiciary to challenge Trump’s executive actions.

A Historical Perspective: Legal Pushback Against Executive Power

The use of lawsuits to challenge executive actions is not unique to the Trump administration. During Barack Obama’s presidency, Republicans challenged policies such as the Affordable Care Act and the Deferred Action for Childhood Arrivals (DACA) program in court. Similarly, during Joe Biden’s term, Republicans sued to block his student debt forgiveness plan. Yoo describes this as "turnabout is fair play," where political opponents use the courts to resist policies they disagree with. However, Yoo believes that Trump’s control of the Justice Department gives him an advantage, as Democrats will spend heavily on lawsuits that are unlikely to fully block his agenda.

The White House Pushes Back: Confidence in the Courts

The Trump administration remains confident that it will prevail in the courts. White House press secretary Karoline Leavitt has dismissed the injunctions against Trump’s executive orders as having "no basis in the law and no grounds." She emphasized that while the administration will comply with court orders, it expects to be "vindicated" as the cases progress through the judicial system. Leavitt also accused Democrats of "weaponizing" the courts against Trump, a refrain that echoes Trump’s own rhetoric during his 2024 campaign. The administration is determined to move forward with its agenda, even as it navigates the legal challenges.

Conclusion: The Battle for Executive Authority

The legal battles over Trump’s executive orders highlight the ongoing struggle between the executive branch and its political opponents. While Democrats may succeed in delaying some of Trump’s policies, Yoo predicts that the president will ultimately prevail in two-thirds or more of the cases. This cycle of legal challenges is a familiar one, reflecting the deeper polarisation of American politics. As the second Trump administration continues to advance its agenda, the courts will remain a key battleground in the fight over executive power and policy implementation.