The Democrats’ lawfare campaign against the Trump administration has reportedly placed great strain on the executive branch as it battles against the barrage of lawsuits lodged by the left.
There has been a surge in legal actions against President Donald Trump’s policies, which has created a problem exacerbated by the many resignations and firings that occurred after he took office.
From The New York Times:
The Trump administration’s aggressive efforts to enact major elements of its agenda have led to a series of courtroom clashes between increasingly skeptical judges and the beleaguered lawyers responsible for defending the government’s positions, which some have come to see as indefensible.
The Justice Department’s thinned-out civil division has borne the brunt of the growing conflict. Inside the division, the strains of pushing the legal limits on topics as varied as mass deportations, spending power and punishing law firms are taking a major toll. Government litigators, their ranks increasingly depleted, often find themselves in court with few facts to defend policies they cannot explain, according to current and former officials.
One of the most recent examples is the furor over President Trump’s mass deportation efforts. In particular, the deportation of Kilmar Abrego Garcia has been a striking example. A senior immigration attorney was suspended after he failed to adequately defend the administration’s decision to deport the Maryland man to El Salvador after a judge had issued a ruling shielding him from deportation to the country.
The impact of these lawsuits has been visible in the courtroom at times. In one episode, newly hired government attorney Richard Lawson was left alone to defend an executive order targeting the Jenner & Block law firm.
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Judge John Bates pressed Lawson on whether a former employee of the firm presented a national security threat, a claim the White House made to justify the action against it. “Not per se, no,” Lawson answered, eliciting laughter in the courtroom.
Bates asked why the attorney was handling the case by himself. “I, frankly, was supposed to be in Florida, but here I am,” he replied, according to The New York Times.
Part of the problem appears to be the rapid pace at which the White House implements its policies, whether it is Trump’s executive orders or actions taken by the Department of Government Efficiency (DOGE).
Jennifer Ricketts, a retired Justice Department official, said, “I think the velocity and ferocity of the work is just unprecedented.”
Judge Amy Berman Jackson declared the administration’s conduct “so disingenuous that
Since President Trump took office, Democrats have filed over 200 lawsuits against his administration.
DOGE has attracted a significant portion of the lawsuits. Democrats have used the justice system to stop Trump’s effort to eliminate waste while streamlining operations. They filed multiple lawsuits alleging it violated the Federal Advisory Committee Act (FACA). They allege the administration failed to require federal advisory committees to adhere to transparency rules such as public meetings and balanced representation.
Citizens for Responsibility and Ethics sued the White House for allegedly failing to disclose internal emails sent by DOGE team members. Other DOGE-focused lawsuits targeted the team’s efforts to access sensitive federal data from the Treasury Department and others.
Trump’s immigration policies have also sparked legal action, especially his executive orders restricting birthright citizenship and mass deportations. The same happened when he issued an executive order suspending asylum applications at the southern border.
Democrats have resorted to lawfare because they do not control either chamber of Congress. Moreover, sending swarms of pink-haired protesters into the streets doesn’t seem to be doing the trick. The courts are the only real weapon the left has against the Trump administration.
It appears the strategy is to bury the White House in legal actions so that it is stretched too thin to fight each battle, an issue Trump’s team will have to address – especially since the president is just getting started. One thing is clear: Early indications suggest there will be many more court battles over the next four years.
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