Legal experts say many of the injunctions granted by judges against executive orders by President Donald Trump will be overturned on appeal.
Supporters of Trump’s America First agenda shouldn’t panic, they advise, even though federal judges targeting Department of Government Efficiency (DOGE) work are trying to block Trump from reducing the size and scope of government. The cases will ultimately be resolved by the Supreme Court, and this is just how the system of government in America is designed.
“Nobody ever said that our system of checks and balances would make it easy to govern or would make it efficient to govern,” said Alan Dershowitz, attorney and legal analyst. “The design of our system of checks and balances was to create enough power to govern effectively while, at the same time, denying any one part of our government enough power to create a tyranny. So we have to counter our system of checks and balances, and it’s working, even today, as we speak. The president issues executive order after executive order after executive order, and what do the states do? They get their attorneys general to bring a lawsuit.”
State attorneys general then shop around for the best judges to support their legal cases, Dershowitz said on his show, “The Dershow.”
“So you get a single judge for about an hour being able to stop the president from doing something. I say an hour metaphorically. It could be days, but ultimately those issues are brought up to the court of appeals and eventually to the Supreme Court. It will be resolved, and the president will obey, wouldn’t do what Andrew Jackson did, saying, ‘The chief justice made the ruling, now let him enforce it,’” Dershowitz said.
Conservative attorney Kurt Schlichter, who writes for Townhall.com, said the entire court injunction “crisis” is actually an opportunity.
“OK, stop panicking about all the stupid legal decisions from leftist judges that the left is getting from judge shopping in leftist jurisdictions,” he wrote on X/Twitter.
The Trump Administration certainly isn’t being taken by surprise, he said.
“We always knew exactly what they would do. Do not take the fact they [Trump Administration] are not screaming and yelling as them rolling over. They are not rolling over. There’s plenty going on behind the scenes as administration lawyers prepare their papers for the legal fight to come,” Schlichter said.
“Second, since we have to have this fight, this is the time and the battleground to have it. Why? We want it settled right at the beginning of the administration so that we don’t have to deal with this down the road. And we want to fight on these orders because 1) they are manifestly the result of bad faith judge shopping and the opinions themselves are both procedural and 2) they are substantively ridiculous. They are legal jokes,” he said.
The way the legal fights are shaping up is actually an advantage to Trump.
“Wait, you ask, we’re getting decision after decision against us! How can that be good? Because they are leaving the Supreme Court no choice. People want Trump to sound off about this, but he doesn’t need to. What’s left unstated is the fact that he can just not obey these manifestly improper orders. They say it’s a constitutional crisis now, but that becomes a real one when they push Trump too far. He’s not going to submit forever to micromanagement of the executive branch by activist District Court judges in blue cities across America. And Chief Justice Roberts knows it,” he said.
The last thing the Supreme Court wants to do is stake the credibility of the Court by jumping on the grenade that is these decisions against a president.
“There might someday be a fight with a president about something where he is legally in the wrong, but this is not that time. This is not the hill the Supreme Court will die on. Wisely, Trump’s not adding fuel to the fire by threatening to do what it’s very clear he can do, which is disobey. This provides SCOTUS the cover it needs to deal with these upstart district courts without looking like Trump strong-armed it,” he said.
“So relax and let the process go forward. We’re going to win on all these injunctions, and I expect fairly quickly,” Schlichter advised.
The lawyers made their comments just as U.S. District Judge John J. McConnell Jr. of Rhode Island threatened Trump with criminal contempt charges over his emergency spending freeze.
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It’s time we show the Government that THEY work for us…. Not the other way around! All these leftist judges need to go….Cut the Government in half… Start over!
Democrat Judges will ALWAYS be a problem, They think they are the ones running this Country All they do is delay the good and release the bad
Some of these judges need to come to work and find a tent with a bucket to sit on as we are broke and have no money for the judicial system.
A tent is easily cheaper to maintain than a building.
I wonder how much of the evidence of the corruption USAID will be able to destroy?
Yes, yes they will. And all the pearl clutching from the left, who were just happy with Biden saying ‘I will stop at nothing to do this,” after being told by the Supreme Court he could not forgive student loan debt. Then turned around, flashed his middle finger at the American taxpayer and forgave $48 billion of student loan debt. Billions in forgiveness on the backs of the average taxpayer who paid their debts. No, this will be overturned and the (D)ems will be shown for being impotent, no-ideas, raging lunatics without a clue and without a cause.
It is a judicial insurrection!