Numerous legal cases against Trumps first executive orders and other executive actions - he will likely lose most of them - some already paused
[Will update to try to keep track of the more important ones]
There are going to be dozens of legal cases and since much of what Trump is trying to do is illegal to a very unusual degree much of what he's doing will be stopped.
For an overview including list of the cases paused skip to the contents list
[or you can click on the vertical row of dashes to the left of the page on a laptop]
I thought I’d do this as a page to track the various cases against him because the things he tries to do are often very scary for people I help and these legal cases show he will be stopped from doing these things. If you know of anything I’ve not added yet, do say in comments and with links if possible.
If you have come to think that Trump can ignore the law - no this is a widely held false belief. The Supreme Court immunity decision did NOT mean that he can now use illegal executive orders. He also can’t use the insurrection act or any powers of teh executive to override a court order stopping or pausing an executive order.
There is nothing he can do about this. See my:
See also my:
Normal for presidents to push the boundaries of the law with some executive orders - Trump is doing this to an unusual degree - so can expect unusually high numbers of legal cases against his orders
He won't be inpeached, it's not about that. It’s not unusual for a president to do executive orders that are stopped in the courts.
Every president does many executive orders that are legally uncontroversial. For instance Trump as president has the legal right to reverse all Biden’s executive orders and to leave the Paris agreement. He also had the right to pardon the Jan 06 rioters. Those may be politically controversial but legally uncontroversial He is within his rights as president to do those things.
But every president also does executive orders that turn out to be unconstitutional or illegal when challenged in the courts.
That is normal it's just persidents pushing the limits of executive authority as is natural. They only find out if they have crossed the bounds to illegal when it goes through the courts.
But Trump has been doing unuusally many such orders in a short period of time.
Also he has done it with executive orders that are clearly and obvioulsy illegal again to an unusual degree, even challenging birthright citizenship which is guaranteed in the US Constitution.
That’s why Trump can expect an unusually large number of legal cases against him.
Trump is remarkably unsuccessful in the courts
Also Trump has a history of being remarkably unsuccessful in his legal cases. From his first term he is likely to lose between 4 out of 5 and 9 out of 10 of the cases against him in the lower courts. (It was 9 out of 10 at the start of his first term and at his high point of most successes he still lost 4 out of 5).
He lost more than half the cases that went to the Supreme Court. Nearly two thirds of the high profile cases in the Supreme Court
But the proportions may be higher this time as he is pushing the boundaries of what he can do far more than in his first term.
Trump faces a Supreme Court that from its Chevron decision seems likely to limit rather than expend executive power
It's not so obvious right now because many legal cases are only just starting. So far he has only lost one, the Federal Funding Freeze, and there he withdrew the freeze. Even with that one it never got as far as the courts except for a temporary pause. But it’s clear that he knew it was going to fail in the courts.
We can expect Trump to lose many more cases like this. It’s just started. It takes a while to move from an executive order to actions that cases can be taken against - and some of them depend on actions by the executive against individuals and organizations before the court cases begin.
Then it will take a while for them to get to the Supreme Court.
However, the Supreme Court has ruled recently very clearly with Chevron that it thinks the executive, i.e. the president, has too much power. It limited the power of Biden to do new things by creative ways of working with the rules.
That ruling also limits what Trump can do in that way too.
That particular ruling doesn’t apply to these new cases.
But it does show that the current Conservative Supreme Court is not likely to support Trump in overreaches of executive power.
Trump won only 1 in 5 cases in lower courts at his high point - and is the only president to lose more than half his Supreme Court cases - nearly 2/3 of the more high profile cases
Trump is sure to continue his losing streak in his first term with a record low number of cases won in the Supreme Court and in lower courts.
Trump won only 1 in 20 cases in the lower courts early in his first term. This rose to 1 in 5 at the high point, but towards the end of his first term fell again.
Even in cases seen by Trump appointees, he lost most of the time. He won 36% of cases where a Trump appointee was the judge or in a district court with at least one Trump appointee. For previous administrations the win rate was 68% for the same calculation.
https://thehill.com/opinion/white-house/524016-tired-of-winning-trumps-record-in-the-courts/
Trump has lost more than half the cases against him at the Supreme Court, the worst rate of any president since 1937. His win rate was 43.5%, compared to 52.4% for Obama who had the next worst record after Trump. Biden’s win rate in his 2021 term was 56.5%
Trump did even worse with high profile cases, losing 65% or nearly 2/3 of them.
. Trump administration had worst Supreme Court record since at least FDR years, study says
For more details see:
Executive actions already paused or stopped
Federal freeze paused at last minute
Federal buy-out offer paused with 11 hours before the deadline - after 60,000 employees had accepted it
From this article, the judge stopped it just in time with 11 hours before the deadline for the deal.
The 60,000 Federal employees who accepted the offer have been sent an email saying that the offer is paused.
. Judge pauses Trump federal employee buyout offer pending court hearing
Transgender ban for soldiers and order to move trans women to male prisons both stopped
This is very good news for trans people. Two major pauses ordered for the order to move trans women to male prisons and the order to ban transgender soldiers from serving in the military.
In both cases the Department of Justice which defends the government made a right hash of it.
There are two temporary restraining orders for the order to move a prisoner from a female to male prison
With the transgender soldiers ban the judge asked for notice from the government if they do try to implement it. She said that if they do this she will put a temporary restraining order in place. So it is effectively a TRO too. Also the legal case for the government as presented by the Department of Justice got off to a very dodgy start. The Judge raised the issue that both cases seem to be inspired by animus - short for animus nocendi ("intention to harm") - from things Trump himself said when he signed the orders. For instance his campaign speeches to "stop the transgender lunacy" and things he says even in the text of the executive orders. This would normally be enough by itself to stop both actions. The judge was incredulous when Trump's own team tried to argue that even if they were inspried by animus they should go ahead.
She cited past cases which should block an executive action inspired by intention to harm.
Based on this the chance of Trump implementing either of those orders seems very low, indeed for any of his trans orders since he often talks about it in ways that suggests intent to harm transgender people.
QUOTE STARTS A Justice Department lawyer on Tuesday afternoon insisted that, even if President Donald Trump’s executive order seeking to bar transgender people from the military was motivated by animus, the Pentagon should still be allowed to implement it.
The claim from DOJ Special Litigation Counsel Jean Lin drew a surprised response from U.S. District Judge Ana Reyes, who suggested past cases, including 1996’s Romer v. Evans, strongly counsel otherwise. ... [on the transgender soldiers ban] When Lin still wouldn’t budge, Reyes then moved on to the question of whether the order was motivated by animus, noting Trump’s campaign statement that he would “stop the transgender lunacy.”
When Lin responded, “I don’t have an answer,” Reyes moved to the executive order’s language that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.“
Lin told Reyes, “You’re putting me in a difficult position,” a statement that led Reyes to shoot back that there are often difficult questions in the practice of law and that that is why we went to law school.
https://www.lawdork.com/p/doj-lawyer-tells-judge-animus-wouldnt
The author may be a good expert to follow on Bluesky for those who wish to keep up to date on some of the legal cases. https://bsky.app/profile/chrisgeidner.bsky.social
For background see my:
also
also
also
also
Birthright citizenship paused until end of legal cases
From the remarks of the judges this one is a sure bet to be overturned. The president just doesn’t have the right to change the US constitution.
Judge John Coughenour has now put it on indefinite hold until the end of the legal case. This one especially is likely to be decided 9 : 0 against the government if it ever gets to the Supreme Court.
U.S. District Judge John C. Coughenour in Seattle on Thursday put Trump’s order on hold for the duration of a lawsuit brought by four states and an immigrant rights group challenging it. His ruling followed one by a federal judge in Maryland in a separate but similar case involving immigrants’ rights groups and pregnant women whose soon-to-born children could be affected.
Coughenour was first to pause it for 2 weeks renewable on expiration. He was incredulous saying “Where were the lawyers when this decision was being made?”
QUOTE STARTS
"I’ve been on the bench for over four decades. I can’t remember another case where the question presented is as clear as this one. This is a blatantly unconstitutional order. Where were the lawyers when this decision was being made?
...
"Frankly, I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order. It boggles my mind."’
https://www.nytimes.com/2025/01/23/us/politics/judge-blocks-birthright-citizenship.html
Anyone born in the USA automatically has citizenship, as set in the 14th amendment to the US constitution.
The order itself is here
https://www.documentcloud.org/documents/25502862-tro/#document/p1
NBC video segment about it:
QUOTE STARTS
Coughenour did not detail his reasoning during Thursday’s hearing, but his assertion that the order is “blatantly unconstitutional,” as well as point-blank questioning of DOJ attorney Brett Shumate — and his lack of questions for Washington’s assistant attorney general, Lane Polozola — suggested he agreed with the states’ arguments.
The states say it’s well settled that the 14th Amendment guarantees birthright citizenship and that the president lacks authority to determine who should or should not be granted U.S. citizenship at birth.
...
Coughenour, 84, got his law degree from the University of Iowa in 1966 and was appointed to the bench by President Ronald Reagan in 1981. He’s been a federal judge for more than four decades; he has taken semi-retired “senior status” but continues hearing cases. He has a reputation as a tough, independent and sometimes cantankerous jurist.
Newly elected Washington Attorney General Nick Brown — a former Seattle U.S. attorney — said after Thursday’s hearing that he wasn’t surprised by Coughenour’s reaction to the “absurdity” of the executive order.
“I’ve been in front of Judge Coughenour before to see his frustration personally,” Brown said. “But I think the words that he expressed, and the seriousness that he expressed, really just drove home what we have been saying. ... This is fairly obvious.”
Also from the same page:
QUOTE STARTS
The judge’s ruling Thursday was a temporary restraining order. It blocked the administration from enforcing or implementing Trump’s order nationally for the next 14 days. Over the next two weeks, the sides will submit further briefings on the legal merits of the executive order. Coughenour scheduled another hearing for Feb. 6 to hear arguments on whether to issue a preliminary injunction, which would block the executive order long term while the case proceeds.
In the meantime, some of the other cases challenging the order are also getting underway.
The next hearing is in a case brought in Maryland by CASA, a nonprofit immigrants rights organization based in the mid-Atlantic. That’s set for Feb. 5 at U.S. District Court in Greenbelt, Maryland.
Another lawsuit, led by New Jersey on behalf of 18 states, the District of Columbia and San Francisco, and a challenge brought in Massachusetts by the Brazilian Worker Center do not yet have hearings scheduled.
Aside from arguing the executive order’s constitutionality, the states say the order would subject all the children affected by it to deportation and make many of them stateless. It would strip them of their rights and render them unable to participate in economic or civic life, the states argue.
Also
QUOTE STARTS
The lawsuit argues that enforcement of Trump's executive order would cause irreparable harm to the children born from undocumented parents by preventing them from enjoying their right to "full participation and opportunity in American society."
"They will lose their right to vote, serve on juries, and run for certain offices," the complaint says. "And they will be placed into lifelong positions of instability and insecurity as part of a new underclass in the United States."
Lawyers for the Department of Justice, now under new leadership, opposed the request for a temporary restraining order in a court filing Wednesday.
...
U.S. District Judge John Coughenour -- who was nominated to the bench by President Ronald Reagan in 1981 -- scheduled Thursday's in-person hearing in the case brought by the attorneys general of Arizona, Oregon, Washington and Illinois.
ABC explain in that link, that it's about the phrase "and subject to the jurisdiction thereof," in the 14th amendment:
QUOTE All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
BBC gives the background.
A Supreme Court case in 1898 decided that this applies to a Chinese cook born in the USA who returned to the USA to work there and was refused re-entry.
QUOTE STARTS
In 1898, the US Supreme Court affirmed that birthright citizenship applies to the children of immigrants in the case of Wong Kim Ark v United States.
Wong was a 24-year-old child of Chinese immigrants who was born in the US, but denied re-entry when he returned from a visit to China. Wong successfully argued that because he was born in the US, his parents' immigration status did not affect the application of the 14th Amendment.
"Wong Kim Ark vs United States affirmed that regardless of race or the immigration status of one's parents, all persons born in the United States were entitled to all of the rights that citizenship offered," writes Erika Lee, director of the Immigration History Research Center at the University of Minnesota. "The court has not re-examined this issue since then."
So it has long precedent and has never been controversial. The principle of Stare Decisis applies. The Supreme Court would only overturn in a case of a grevious wrong even if they thought it was badly decided originally.
They were able to overturn Roe in part because it was always controversial as well as additional reasons.
So, when it gets to the Supreme Court, I expect it to be a 9 : 0 decision to strike down Trump's executive order.
But right now it would be a stay of execution since Supreme Court cases can take many months.
USAID ordered to pause administrative leave (2,200 employees so far) and restore 500 employees already suspended - pausing plan to reduce USAID staff from 12,000 to less than 300 in 30 days
This was typical of Trump's Department of Justice shambolic attitude to legal cases. The DoJ didn't give Judge Nichols any legal briefs to explain their posiiton before they were due to fire 2,200 employees to join the 500 already suspended.
The DoJ refused to consider a voluntary pause on these actions while the case was considered.
So the judge issued a restraining order saying they left him no choice.
Judge Carl Nichols of the U.S. District Court for the District of Columbia, a 2019 Trump appointee, issued a restraining order pausing the imminent administrative leave of 2,200 U.S.A.I.D. employees and a plan to withdraw nearly all of the agency’s overseas workers within 30 days. He also ordered the temporary reinstatement of 500 agency employees already on administrative leave.
The judge was ruling on a lawsuit filed on behalf of the largest union representing federal workers and the union that represents Foreign Service officers. Judge Nichols said the unions had established that the employees affected by the leave and withdrawal orders would suffer “irreparable harm.”
Judge Nichols ordered the pause in the administration’s plans through next Friday to allow for “expedited” arguments to determine the legality of the actions, and scheduled another hearing for Wednesday.
He has blocked the new administrative leave notices from going out, as well as any agency efforts to evacuate employees currently stationed overseas.
He has also restored the 500 employees already on administrative leave.
It’s a pause for about a week until he has time to give a longer term
This also helps explain why these orders come at the last minute. The judges would very much rather come to some other solution so they try other methods but if the government won't do anything voluntarily and won't explain themselves then they issue these Temporary Restraining Orders at the last minute once it's clear there is no other alternative way forward.
QUOTE STARTS
But U.S. District Judge Carl Nichols, a Trump appointee, seemed frustrated with the government’s refusal to contemplate pausing their actions so that more substantive legal arguments could take place.
“You may be right, and with briefs and 24 hours, you might even convince me of that,” he said. “But I’ve got eight hours, no briefs [from you], and the hypothetical possibility that 2,200 people will be put on administrative leave and claims of irreparable harm.”
Nichols said he would issue an order before midnight Friday blocking the new administrative leave notices from going out, as well as any agency efforts to evacuate employees currently stationed overseas. He added that he may include language instructing the agency to rescind the roughly 500 leave notices that went out earlier this week, but that he was not yet sure on that point.
Trump’s plan which is now on pause was to reduce the staff from perhaps as many as 14,000 to just 294 according to Atul Gawande, based on an email sent to him. He was the assistant administrator of the bureau of global health under Biden according to NY Times reporting on it.
They also gave the estimate of up to 14,000 in USAID.
While the exact size of the U.S.A.I.D. work force could not be precisely determined, estimates range as high as 14,000, a number that includes all contractors and foreign nationals who work with agency missions.
This pause doesn’t yet force USAID to resume the frozen funding.
Judge blocks all access by DOGE to sensitive treasury data and ordered them to destroy any copies they have
QUOTE US District Judge Paul A. Engelmayer issued a preliminary injunction on Saturday to prohibit access, ordering Musk and his team to immediately destroy any copies of records.
In more detail:
The US District Judge Paul Engelmayer says the states are likely to win the case based on the evidence so far so it may well become permanent.
Going back a couple of days, on Feb 6, Judge Colleen Kollar-Kotelly restricted access to two Musk affiliated temporary special employees, Tom Krause and Marko Elez, who had the right security clearances, nobody outside the treasury could access it and they couldn't share it outside the treasury.
Marko Elez then resigned because of racist tweets. So only Tom Krause had access.
Judge Paul Engelmayer has revoked that access to Tom Krause too and asked DOGE to delete all their records of the data.
Judge Paul Engelmayer based on the evidence so far think it's likely that the case succeeds making it permanent so it seems pretty likely that on Wed. the next judge will at least make the pause permanent while the case proceeds. .
The order specifically applies to personally identifiable information such as social security information. Based on the rulings so far, in principle DOGE employees could still have access to data that isn't sensitive. But only Tom Krause and not shared outside the treasury.
QUOTE STARTS
US District Judge Paul Engelmayer in Manhattan issued the temporary restraining order hours after 19 mostly Democratic-led states filed the suit against President Donald Trump and Treasury Secretary Scott Bessent. The order will remain in place until the judge rules on a longer lasting injunction sought by the states. He set a hearing for Feb. 14.
Engelmayer said the states were likely to win the case on the merits, at least based on the evidence so far. He also said the states were at risk of “irreparable harm” without immediate court intervention.
The payment files at issue, which are uploaded to Treasury’s Bureau of Fiscal Services systems, contain sensitive personally identifiable information like Social Security and bank account numbers in order to make a wide variety of payments to millions of Americans from across the federal government, from veterans’ benefits and childcare tax credits to federal tax refunds.
Neither Musk nor DOGE is named as defendants in the suit.
“I have said it before, and I will say it again: no one is above the law,” New York Attorney General Letitia James, who is leading the lawsuit, said in a statement on Saturday. “Now, Americans can trust that Musk – the world’s richest man – and his friends will not have free rein over their personal information while our lawsuit proceeds.”
...
The order temporarily bars Treasury from “granting access to all political appointees, special government employees, and government employees detailed from an agency outside the Treasury Department.” The judge also ordered unqualified individuals who gained access to the disputed data since Jan. 20 to “immediately destroy any and all copies of material downloaded from the Treasury Department’s records and systems.”
...
The states allege the move violated the federal Administrative Procedures Act by failing give an explanation for the policy or allow public comment. The temporary court order requires that anyone who is granted access must pass background checks and receive proper security clearances. The states will seek to make all of the TRO’s requirements permanent.
Implementation of the policy, allowing “Musk and his DOGE team to access BFS’s payment systems, was adopted without any public announcement or explanation,” the states said. “Defendants have provided no reasons at all to justify the new policy, nor did Treasury conduct a privacy impact assessment prior to implementing the change.”
https://news.bloomberglaw.com/ip-law/trump-sued-by-democrat-states-over-musk-access-to-treasury-data
The order itself is here https://storage.courtlistener.com/recap/gov.uscourts.nysd.636609/gov.uscourts.nysd.636609.6.0.pdf
See also:
On the previous case:
QUOTE STARTS
Tom Krause and Marko Elez, according to the filing. Krause is the former chief executive of Cloud Software Group, a Silicon Valley tech company. Marko Elez is a 25-year-old engineer who used to work for Musk’s X and SpaceX.
...
Humphreys claimed that Musk himself has not seen the information accessed from the Treasury Department.
"Our understanding is the information derived from the systems at issue is not being transmitted to him outside of the Treasury Department. He is not within the Treasury Department," Humphreys said.
"Does he have access to it? Can he go look at it? Has he gone looked at it?" the judge asked.
" No, Your Honor -- as far as our knowledge, he does not," Humphreys responded.
...
Beyond that key claim -- that people outside the Treasury Department have not accessed sensitive taxpayer records -- Humphreys draw a blank regarding what exactly comes next.
"So, at this point, one in the executive office is developing whatever strategies they have about policy or checking or fraud or waste or whatever they want? Then it would be presumably implemented by ... other people in the Treasury? Am I accurate so far?" Judge Kollar-Kotelly asked.
"I'm not sure that is accurate, and I just don't have -- I'm not, I just don't have the information necessarily," Humphreys responded.
Legal challenges underway
Page tracking the legal challenges underway
Here is a useful page tracking all the legal challenges to Trump's executive orders so far. As of writing this it is tracking more than 20 legal cases against his executive orders (sometimes several cases against the same executive order)
They are against:
Ending Birthright Citizenship
Judge John Coughenour issued a temporary restraining order
Punishment of sanctuary cities and states
on grounds it violates Administrative Procedure Act and the First Amendment
Expedited removal for illegal immigrants anywhere in the US who can’t prove they’ve been continuously resident for 2 years
on grounds it is arbitrary and disregards legal and constitutional protections against wrongful removal.
Discontinuation of CBP One app to help Asylym seekers make an appointment
Schedule F to strip many members of the civil serice of their protections so that the government can fire them at will
Establishing DOGE by renaming U.S. Digital Service as the U.S. DOGE Service (Department of Government Efficiency)
on grounds that it gives decision-making authority to private citizens that the public can’t access - must give access or it should be closed down as this is not permited under the Federal Advisory Committee Act,
Solicitation of information from career employees
on the grounds that that the emails were stored on an insecure server
“Temporary Pause” of grants, loans, and assistance programs
on grounds it violates the Administrative Procedure Act and the First Amendment.
Judge ordered a temporary freeze and then the OMB backed down and stopped the freeze
Moving a trans woman to a male prison and withholding her gender affirming hormone treatment
judge ordered a pause to let it be litigated [not listed yet in the tracker]
Permitting ICE agents to search places of worship for illegal immigrants
Ban on transgender individuals serving in the military
https://www.justsecurity.org/107087/tracker-legal-challenges-trump-administration-actions/
Expect many more to be added in the near future.
That page is sometimes out of date. So I’ll add other challenges in progress here.
USAID - first case filed urging court to quickly block all actions and reinstate workers and fudning
TWEET (on BlueSky) Lawsuit filed by USAID workers union says President Trump violated constitutional limits when he unilaterally dismantled the agency, urges court to quickly block actions and reinstate workers/funding. https://www.documentcloud.org/documents/25515230-afsavtrumpcomp020625/
Contents
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You can Direct Message my profile (then More >> messages). Or better, email me at support@robertinventor.com
Or best of all Direct Message me on Facebook if you are okay joining Facebook. My Facebook profile is here:. Robert Walker I usually get Facebook messages much faster than on the other platforms as I spend most of my day there.
FOR MORE HELP
To find a debunk see: List of articles in my Debunking Doomsday blog to date See also my Short debunks
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Also do join our facebook group if you can help with fact checking or to help scared people who are panicking.
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CLICK HERE TO SEARCH: List of articles in my Debunking Doomsday blog to date
NEW SHORT DEBUNKS
I do many more fact checks and debunks on our facebook group than I could ever write up as blog posts. They are shorter and less polished but there is a good chance you may find a short debunk for some recent concern.
See Latest short debunks for new short debunks
I also do tweets about them. I also tweet the debunks and short debunks to my Blue Sky page here:
Then on the Doomsday Debunked wiki, see my Short Debunks page which is a single page of all the earlier short debunks in one page.
I do the short debunks more often but they are less polished - they are copies of my longer replies to scared people in the Facebook group.rough Ukraine and will do so no matter what its allies do to support Ukraine.
TIPS FOR DEALING WITH DOOMSDAY FEARS
If suicidal or helping someone suicidal see my:
BLOG: Supporting someone who is suicidal
If you have got scared by any of this, health professionals can help. Many of those affected do get help and find it makes a big difference.
They can’t do fact checking, don’t expect that of them. But they can do a huge amount to help with the panic, anxiety, maladaptive responses to fear and so on.
Also do remember that therapy is not like physical medicine. The only way a therapist can diagnose or indeed treat you is by talking to you and listening to you. If this dialogue isn’t working for whatever reason do remember you can always ask to change to another therapist and it doesn’t reflect badly on your current therapist to do this.
Also check out my Seven tips for dealing with doomsday fears based on things that help those scared, including a section about ways that health professionals can help you.
I know that sadly many of the people we help can’t access therapy for one reason or another - usually long waiting lists or the costs.
There is much you can do to help yourself. As well as those seven tips, see my:
BLOG: Breathe in and out slowly and deeply and other ways to calm a panic attack
BLOG: Tips from CBT
— might help some of you to deal with doomsday anxieties
Yes, and there has been updates and even more lawsuits. For example the "buyout" that The Trump Team wants to do, has been halted. Also Democratic attorney's general are suing Musk and DOGE for the damage they're doing.