Donald Trump’s agenda hangs in the balance of this court decision. This could make or break his second term.
And the U.S. Supreme Court has a major decision to make involving the future of Trump’s presidency.
Legal Challenges Mount Against Trump’s Second-Term Agenda
Since President Donald Trump began his second term in January, a surge of legal battles has emerged in response to his administration’s policies. Experts suggest that many of these cases could ultimately land in the Supreme Court, shaping the trajectory of Trump’s presidency.
“President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged,” said John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, in an interview with Fox News Digital.
Trump wasted no time in issuing a series of executive orders and directives, prompting an immediate flood of lawsuits. More than 40 legal challenges have been filed against his administration’s actions, including cases related to birthright citizenship, immigration policies, federal funding freezes, federal employee buyouts, and Elon Musk’s Department of Government Efficiency (DOGE). Additionally, lawsuits have targeted FBI and DOJ employees, further complicating the legal landscape.
“Many of these cases may end up on the Supreme Court, but certainly the birthright citizenship. If there ends up being a split among the courts, that issue will certainly be taken up by the U.S. Supreme Court,” Malcolm stated.
Erwin Chemerinsky, dean at UC Berkeley School of Law, voiced his concerns over the president’s approach, stating that Trump “has issued a myriad of orders violating the Constitution and federal laws,” and adding that “Many already have been enjoined by the courts.”
“The crucial question is whether the president will defy these orders,” Chemerinsky said to Fox News Digital. “Almost without exception, throughout American history, presidents have complied with Supreme Court orders even when they strongly disagree with them.”
In a recent ruling, a federal judge in Rhode Island ordered the Trump administration to unfreeze federal funds, arguing that officials had failed to comply with an earlier directive. The administration quickly appealed to the First Circuit, which ultimately denied the appeal.
“Judges ordering the federal government to spend billions of dollars when the administration is saying that that is not in the best interests of the United States, I would expect that issue to be on a fast track to the U.S. Supreme Court,” Malcolm explained.
Many of these legal battles have been filed in historically liberal-leaning federal courts. Several cases have already made their way to appellate courts, such as the Ninth and First Circuits, both known for issuing Leftist rulings. The Ninth Circuit, specifically, has a higher reversal rate compared to other courts like it.
“Judge shopping is nothing new,” Malcolm observed. “So I’m not at all surprised that these lawsuits challenging the Trump administration are being filed, for the most part, in the bluest of blue areas where the odds are high that the judge who’s going to be considering the issue has a liberal orientation.”
Despite the legal hurdles, Malcolm believes the Trump administration stands on firmer legal ground when it comes to dismissing political appointees.
Earlier this week, Special Counsel Hampton Dellinger, appointed by former President Joe Biden to lead the Office of Special Counsel, filed a lawsuit against the Trump administration in D.C. federal court after he was dismissed from his post.
Malcolm predicts that the legal battles will persist throughout Trump’s second term, much like they did during Biden’s presidency. This is just more law fare that the president will have to deal with as he navigates the next four years.
He also pointed to the Biden administration’s efforts to redefine s*x under Title IX to include gender identity—an initiative that faced its own legal pushback. In January, a federal judge in Kentucky blocked Biden’s attempt to implement this policy change.
“There are a lot of these issues that end up coming up,” Malcolm noted, reflecting on Biden’s legal challenges over Title IX. “And I suspect that the same sorts of issues will come up during the Trump administration, and they’ll be full employment for lawyers throughout his entire term.”
Whether the U.S. Supreme Court steps in or not remains to be seen, but it’s crucial that Donald Trump chugs on with his agenda and isn’t deterred by activist judges who seek to destroy his plans to build America back up from the damage done by the Biden administration.
Stay tuned to the Conservative Column.
