US politics newsletter - Courting trouble

By James Oliphant

WASHINGTON, April 24 (Reuters) - Remember the early days of the Trump White House, when the idea among President Donald Trump’s aides was to launch a fusillade of executive orders to overwhelm opponents and keep them off-balance? These days, what was once viewed as “shock and awe” has been replaced by the less dramatic, but steadier drumbeat of court decisions finding fault with their hasty approach at almost every turn. Drip, drip, drip.

As Trump approaches 100 days in office, the successes or failures of his administration are being determined on a daily basis by federal court judges across the country. From matters ranging from immigration policy to government reform, Trump is running into resistance from the one American institution that is holding firm against his efforts.

That includes, for the moment, the U.S. Supreme Court, which in a 7-2 decision last weekend temporarily blocked the administration from deporting a planeload of Venezuelan migrants without giving them the due process of law.

That ruling was part of a wave of litigation seeking to prevent the removal of migrants under the Alien Enemies Act, an obscure 19th-century-era law previously only utilized in times of war. This week, two lower court judges reiterated that detainees be given a chance to challenge their removal from the country and suggested that the use of the act to speed up deportations may be unconstitutional.

One of the judges, Alvin Hellerstein of New York, said he understood the administration’s desire to move quickly on deportations but insisted it must stick to the law. “This is not a secret court, an inquisition in medieval times. This is the United States of America," Hellerstein said.

In the last several days, courts have also ruled that the firing of workers at U.S.-backed media outlets such as Voice of America, was improper and found that the justification for firing a different set of federal workers was a “sham .” (The architect of the mass firings, Elon Musk, appears to be stepping back from his role, which will give Trump’s cabinet more influence over personnel.)

The opponents of Trump’s policies are turning the courts into a proving ground. Harvard University this week filed suit challenging the White House’s move to deny it federal funds, while Justice Department lawyers were also in court defending a ban on transgender servicemembers and Trump’s targeting of law firms .

Meanwhile, an army of environmental lawyers are gearing up to challenge the administration’s push to ease regulations to ramp up fossil fuel production. And more than a dozen states are suing the administration over Trump’s tariffs, claiming they are illegal.

Part of the reason the administration is running into trouble is its refusal to stop at times to explain itself, which critics say suggests it does not recognize the authority of the federal courts to check its conduct.

The administration continues to drag its feet in the case of Kilmar Abrego Garcia, the Maryland resident who was mistakenly deported to a prison in El Salvador, frustrating the judge overseeing the case. So far, the White House has refused to comply with an order mandating that it “facilitate” his return to the United States.

An appeals court panel last week warned the White House that its actions may persuade the public that Trump flouts the rule of law.

"The executive will lose much from a public perception of its lawlessness," wrote U.S. Circuit Judge J. Harvie Wilkinson, a veteran judge appointed by President Ronald Reagan, who, like Trump, was a Republican. A Reuters/Ipsos poll released this week underscored the political risk to Trump, with 73% of Republicans and 96% of Democrats surveyed saying the White House should comply with court orders even if it disagrees with them.

The conservative majority on the Supreme Court may continue to embolden Trump. But in the short term, the conflict between Trump and the courts could worsen if the administration flat-out refuses to return Abrego Garcia or comply with orders in other pending cases demanding the president adhere to the law. It’s a showdown that could trigger the kind of constitutional crisis long feared under Trump and plunge the country into a new era of uncertainty.

TOP US POLITICS HEADLINES:

• As Trump eyes coal revival, his job cuts hobble black lung protections for miners

• Minority communities may pay a price as Trump's EPA ends 'environmental justice'

• 100 days of DOGE: lots of chaos, not so much efficiency

• Trump’s cabinet ready to reassert power as Musk steps back

THE VIEW FROM LONDON:

Britain's government is not in a rush to secure a trade deal with the Trump administration, finance minister Rachel Reeves said on Wednesday. She ruled out easing regulations on U.S. agricultural imports such as beef.

WHAT TO WATCH FOR:

April 24: Trump attends fundraising dinner for MAGA Inc. in Sterling, Virginia

April 26: Trump attends funeral of Pope Francis in Rome

April 29: Trump holds rally to mark first 100 days in office in Macomb County, Michigan

THE WHO, WHAT AND WHEN:

• Tariffs may mean more US steel jobs. Will there be workers to fill them?

• How Trump waged war on his perceived foes in first 100 days

• Autism rates: Why are they on the rise