With countless legal challenges to the Trump administration\u2019s federal spending actions, legal experts say plaintiffs in these suits are attempting to block President Donald Trump\u2019s agenda as the courts navigate conceivably new territory.\u00a0<\/p>\n
\u2018I think this is a continuation of the warfare that we\u2019ve seen over the past four-plus years during the Biden administration,\u2019 Zack Smith, Senior Legal Fellow at the Heritage Foundation, told Fox News Digital.\u00a0<\/p>\n
\u2018The only difference now is that the instigators of the lawfare are outside of government, and they\u2019re trying to use different advocacy groups, different interest groups to try to throw up obstructions to Donald Trump\u2019s actions.\u2019<\/p>\n
The Trump administration so far has become the target of more than 90 lawsuits since the start of the president\u2019s second term, many of which are challenging the president\u2019s directives.\u00a0<\/p>\n
Plaintiffs ranging from blue state attorneys general to advocacy and interest groups are specifically challenging Trump\u2019s federal spending actions, including the administration\u2019s attempt to halt federal funding to various programs and the Department of Government Efficiency\u2019s (DOGE) efforts to slash excess government spending.<\/p>\n
Smith said he suspects these plaintiffs are attempting to \u2018slow down\u2019 the Trump administration\u2019s progress and agenda via these lawsuits \u2018even if they know or suspect their lawsuits will ultimately not be successful.\u2019<\/p>\n
UC Berkeley Law Professor John Yoo told Fox News Digital that the plaintiffs in the spending cases are showing \u2018political weakness\u2019 by seeking judicial recourse rather than going to Congress.<\/p>\n
\u2018I think that what you\u2019re seeing is political weakness, because, if they had popular support, they should go to Congress,\u2019 Yoo said. \u2018That\u2019s the branch for which the Founders expected to be responsible in containing or reacting to any expansion of presidential power that went too far.\u2019<\/p>\n
Despite the public outcry from conservatives that judges blocking Trump\u2019s federal spending actions are \u2018activist judges,\u2019 Yoo said the judges are \u2018confused.\u2019<\/p>\n
\u2018There\u2019s a lot of confusion going on in the lower courts,\u2019 he said. \u2018I think they misunderstand their proper role.\u2019<\/p>\n
Smith said that in the cases at hand, many judges are \u2018interposing their own views of what [are] appropriate actions for the executive branch of government,\u2019 saying this is \u2018not the proper role of a judge.\u2019\u00a0<\/p>\n
\u2018And yet you see some of these judges who are issuing these TROs, they\u2019re being very aggressive, and they\u2019re impeding on core executive branch functions when it really should be the president and his advisers who get to make important decisions,\u2019 Smith said.\u00a0<\/p>\n
Smith added he hopes the Supreme Court is \u2018taking a skeptical eye towards some of these actions by these judges.\u2019<\/p>\n
Both Smith and Yoo said they expect these challenges to eventually make their way up to the Supreme Court, with Smith saying the high court \u2018is going to have to confront some questions that it\u2019s been trying to skirt for several years now.\u2019<\/p>\n
\u2018This has to go to the Supreme Court because you\u2019re seeing confusion in the lower courts about what is the proper procedural way to challenge spending freezes,\u2019 Yoo said.\u00a0<\/p>\n
On Wednesday, Chief Justice John Roberts paused a federal judge\u2019s order that required the Trump administration to pay around $2 billion in foreign aid funds to contractors by midnight. Smith called the move by Roberts \u2018actually pretty stunning.\u2019<\/p>\n
\u2018And I think a reasonable interpretation of that would be that the justices, particularly the Chief Justice, is kind of sending a shot across the bow to some of these judges that, \u2018Look, if you keep this up, we\u2019re going to step in and intervene,\u201d Smith said.\u00a0<\/p>\n
Yoo said he expects the Trump administration to ultimately prevail on many of the suits launched against him, saying that \u2018he\u2019s really, in many ways, following the decisions of the Roberts Court itself about how far executive power goes.\u2019<\/p>\n
\u2018Now, just because Trump won an election doesn\u2019t mean he gets to do whatever he wants \u2014 he has to achieve his mandate through constitutional processes, which I think he\u2019s doing,\u2019 Yoo said.\u00a0<\/p>\n
\u2018He\u2019s litigating, he\u2019s appearing at the Supreme Court, so he\u2019s not ignoring the courts. He\u2019s doing what you should do if you\u2019re the president and you have the responsibility to execute the law,\u2019 Yoo continued.\u00a0<\/p>\n
Fox News Digital\u2019s Bradford Betz contributed to this report.\u00a0<\/p>\n\n
With countless legal challenges to the Trump administration\u2019s federal spending actions, legal experts say plaintiffs in these suits are attempting to block President Donald Trump\u2019s agenda as the courts navigate conceivably new territory.\u00a0 \u2018I think this is a continuation of the warfare that we\u2019ve seen over the past four-plus years during the Biden administration,\u2019 Zack <\/p>\n","protected":false},"author":0,"featured_media":36967,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-36966","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-politics"},"_links":{"self":[{"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/posts\/36966","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/comments?post=36966"}],"version-history":[{"count":0,"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/posts\/36966\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/media\/36967"}],"wp:attachment":[{"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/media?parent=36966"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/categories?post=36966"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/quickassetsmarket.com\/index.php\/wp-json\/wp\/v2\/tags?post=36966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}