Trump flexes executive power with unprecedented flouting of lower court rulings
Law Promo News
When a federal judge shot down a Trump administration policy of holding immigrants without bond last December, it seemed like a serious blow to the president's mass deportation effort.
Instead, a top Justice Department official insisted the ruling wasn't binding, and the administration continued denying detainees around the country a chance for release.
By February, the district court judge, Sunshine Sykes, was fed up. Sykes, a nominee of President Joe Biden, accused Trump officials in a ruling that month of seeking "to erode any semblance of separation of powers," adding that they could "only do so in a world where the Constitution does not exist."
Hardly isolated, the case illustrates a broader pattern of defiance of lower court decisions in President Donald Trump's second term.
The failure of Trump officials to follow court orders has been highlighted most notably in individual immigration cases. But a review of hundreds of pages of court records by The Associated Press also shows an extraordinary record of violations in lawsuits over policy changes and other moves.
In the second Trump administration's first 15 months in office, district court judges ruled it was violating an order in at least 31 lawsuits over a wide range of issues, including mass layoffs, deportations, spending cuts and immigration practices, the AP's review of court records found. That's about one out of every eight lawsuits in which courts have at least temporarily blocked the administration's actions.
The Republican administration's power struggle with federal courts — which is testing basic tenets of U.S. democracy — reflects an expansive view of executive authority that has also challenged the independence of federal agencies, a president's ethical obligations, and the U.S.'s role in the international order.
The violations in the 31 lawsuits are in addition to more than 250 instances of noncompliance judges have recently highlighted in individual immigration petitions — from failing to return property to keeping immigrants locked up past court-ordered release dates.
Legal scholars and former federal judges said they could recall at most a few violations of court rulings over the full four-year terms of other recent presidential administrations, including Trump's first time in office. They also noted previous administrations were generally apologetic when confronted by judges; the Trump administration's Justice Department has been outright combative in some cases.
"What the court system is experiencing in the last year and a half is just qualitatively completely different from anything that's preceded it," said Ryan Goodman, a law professor at New York University who studies federal courts and is tracking litigation against the Trump administration.
Though Trump officials eventually backed down in about a third of the 31 lawsuits, legal experts say their treatment of court orders poses serious dangers.
"The federal government should be the institution most devoted to the rule of law in this country," said David Super, a constitutional law scholar at Georgetown University. "When it ceases to feel itself bound, respect for the rule of law is likely to break down across the country."
The White House's aggressive policy moves have prompted a barrage of lawsuits — more than 700 and counting.
In October, U.S. District Judge William Smith took little time to conclude Homeland Security officials were flouting one of his orders. Smith, a nominee of George W. Bush, had blocked them from making billions of dollars in disaster relief funding to states contingent on cooperation with the president's immigration priorities.
Related listings
-
Federal judge finds Pentagon is violating court order to restore access to reporters
Law Promo News 04/13/2026A federal judge on Thursday ruled that the Defense Department is violating his earlier order to restore access to the Pentagon for reporters, a setback in the administration's efforts to impede the work of journalists.U.S. District Judge Paul Friedma...
-
Court: Mask rule OK at Iowa schools with disabled students
Law Promo News 01/29/2022A federal appeals court on Tuesday allowed the state of Iowa to enforce a law that prevents local schools from imposing mask mandates, except for schools attended by students whose disabilities make them more vulnerable to severe illness if they get ...
-
Court seems to favor death row inmate in dispute with lawyer
Law Promo News 01/17/2018The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.The court on Wednesday dived into the case of Louisian...
Chicago Business Fraud Attorney
Business Fraud can take many forms. In the broadest terms, a fraud occurs when someone intentionally deceives others for personal gain. Many times business fraud is harmful and recovery is necessary. Losing your personal or business’s assets can devastate your entire life. Contact Roth Law Groupto receive help on restoring your business to normalcy before you were victimized with fraud. Business fraud cases can involve multiple people and complicated schemes aimed at deceiving the public, auditors, investigators, or others. Whether you are dealing with corporate fraud or commercial fraud, we can step in and fight back to receive compensation that you deserve.
At Roth Law Group we are devoted to prosecuting and defending the legal rights of individuals and small businesses, as either plaintiff or defendant. Proving fraud can be extremely difficult. To have a successful business fraud case, one must prove that the defendant purposefully set out to defraud the victim. Fraud cases are being investigated more aggressively than ever. With increasing federal regulation and scrutiny of corporate practises, many individuals and businesses find themselves the subject of business fraud investigations.

