By Manzanita Miller
President Donald Trump is wading through a sea of legal challenges from federal judges intent on blocking his attempts to audit the federal government, reduce wasteful spending, stem the flow of taxpayer dollars overseas, and end birthright citizenship.
While Trump has secured a small number of legal victories, he is being blocked on multiple fronts as activist groups sue in largely liberal-sympathizing federal courts.
The strategy left-wing groups are using is called “judge shopping”, a ploy whereby plaintiffs select federal courts they believe will be sympathetic to their case. So far, the strategy has paid off for Trump’s opponents in lower courts in liberal cities.
However, many of the blocks against Trump’s executive orders are Constitutionally-dubious – and Trump may appeal orders from Democrat-sympathizing courts to the Supreme Court.
Let’s look at where the lower courts have blocked Trump – and where he may be able to seek a Supreme Court ruling.
Judges in liberal cities have been quick to block Trump’s executive order ending birthright citizenship for children born in the U.S. by non-citizens.
On Tuesday, March 11, the 1st U.S. Circuit Court of Appeals in Boston became the third federal appeals court to block Trump’s executive order ending birthright citizenship for illegals, joining similar rulings from federal judges in San Francisco and Richmond, Virginia.
That said, Trump’s team is already gearing up to fight the block on birthright citizenship. On Thursday, the administration filed emergency applications asking the Supreme Court to allow restrictions on birthright citizenship to take effect nationwide for everyone, except for the small number of people and groups that filed lawsuits challenging the executive order. The Supreme Court has yet to weigh in on the matter of birthright citizenship, but the appeal allows Trump’s team to make their case.
President Trump’s attempt at a federal funding freeze remains in jeopardy as well, thanks to a ruling from a Rhode Island federal judge ordering the Trump Administration to turn back on the spigot of taxpayer dollars to fund a variety of projects. Last week, Judge John McConnell, an Obama-nominee, issued an extended order blocking Trump’s executive order to freeze federal spending.
On March 10, a D.C. federal judge sided with an activist group, “Citizens for Responsibility and Ethics in Washington (CREW)”, forcing Trump’s Department of Government Efficiency (DOGE) to hand over documents related to its activities. Judge Christopher Cooper, an Obama-appointee, ordered DOGE to comply with the watchdog group’s demand for documents.
Trump’s executive order halting refugee admissions is being blocked by a Biden-appointee in Seattle as well. Judge Jamal Whitehead blocked the president’s executive order halting refugee admissions in late February, and that block has not been lifted. In his executive order, President Trump cited the strain refugees are placing on U.S. towns and cities as the reason for his executive order, but Whitehead chose to side with refugee activist groups.
Federal judges also continue to block DOGE’s access to various aspects of the federal government data systems, including a prohibition on accessing Treasury Department data. On Feb. 21, New York District Judge Jeannette Vargas, a Biden-appointee, blocked DOGE from accessing Treasury data after several Democratic attorneys general sued the government over DOGE’s activities.
Activist groups intent on blocking entire pillars of Trump’s America First agenda are using a slick strategy to win in the lower courts – taking their cases to federal courts where they believe they will garner sympathy. So far, it has paid off. That said, President Trump may continue appealing blocks on his executive orders to the Supreme Court, as he is doing over the block on birthright citizenship.
Manzanita Miller is the senior political analyst at Americans for Limited Government Foundation.
