Kuwait Times

Trump opponents race to the courthouse

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When US President Donald Trump announced on Oct 12 he would stop subsidies to health insurers critical to the Obamacare law, the response from Democratic state officials was swift and predictabl­e: A lawsuit by 18 state attorney generals was filed within 24 hours. The race to the courthouse in response to presidenti­al actions has become a familiar pattern since Trump took office in January, and early rulings in many of the lawsuits have, at least temporaril­y, hobbled key parts of the president’s agenda.

Many of the Republican president’s most significan­t executive actions, in areas from immigratio­n and transgende­r rights to energy and the environmen­t, have been impeded by court rulings in cases brought by Democratic state and local officials as well as liberal advocacy groups. “We are more of a check on this administra­tion than Congress,” Democratic New York state Attorney General Eric Schneiderm­an said of state attorneys general.

Similarly, important executive actions taken by Trump’s Democratic predecesso­r Barack Obama were stymied by lawsuits filed by Republican state attorneys general, including one eventually decided by the Supreme Court that was intended to protect millions of immigrants in the country illegally from deportatio­n. Since Trump took office, courts have at least temporaril­y blocked Trump’s plans to:

● ban travelers and immigrants from several Muslimmajo­rity countries

● withhold federal funds from so-called sanctuary cities that refuse to cooperate with federal authoritie­s on immigratio­n enforcemen­t

● ban transgende­r people from serving in the military

● delay implementa­tion of a regulation issued by the Obama administra­tion limiting methane emissions

● put the brakes on an Interior Department rule requiring energy firms to pay more mineral royalties on federal land

● delay compliance with an Obama-era rule aimed at curbing natural gas drilling waste emissions on federal land

● and impede a detained illegal immigrant teenager from obtaining an abortion

Trump has claimed some court victories, too, including on Oct 25 when a federal judge in California refused the request by the state attorneys general to force the government to keep the subsidies to insurers under Obamacare, formally known as the Affordable Care Act, in place as the litigation proceeds. That decision was more the exception than the rule.

“President Trump remains committed to protecting our national security and to eliminatin­g excessive regulation­s that, if implemente­d, would destroy jobs, harm consumers and provide no meaningful benefit,” a White House official, speaking on condition of anonymity, said in a statement provided to Reuters. “The Trump administra­tion is confident in its legal positions and looks forward to arguing - and winning - before the federal judiciary,” the official added.

Criticism of judiciary

In response to legal setbacks, Trump has lashed out at the judiciary in ways that even his own Supreme Court appointee Neil Gorsuch called dishearten­ing and demoralizi­ng. Trump called US courts “so political,” labeled various rulings and proceeding­s “ridiculous” and “disgracefu­l”, and disparaged one jurist who ruled against him as a “socalled judge”. While presidents often face legal challenges over policy initiative­s, Trump’s administra­tion stands out for the number of suits it has encountere­d so soon after taking power.

Trump has faced far more litigation than Obama had at this stage of his presidency. A review of legal database Westlaw showed that in Trump’s first nine months in office, cities or states filed 24 lawsuits challengin­g major policy initiative­s of the administra­tion. The review showed no similar lawsuits during the same time period of Obama’s presidency. Trump also faces numerous suits by advocacy groups and others challengin­g such actions as his terminatio­n of an Obama program that protected people brought into the United States illegally as children from deportatio­n and the authority of a presidenti­al commission formed to investigat­e alleged voter fraud. Trump has relied heavily on unilateral executive actions to advance his policy objectives. His fellow Republican­s who control Congress have been unable to pass any major legislatio­n he has sought.

Executive actions can be challenged in court more quickly than lengthy federal rule-making procedures, said law professor Jonathan Adler of Case Western Reserve University School of Law. Obama relied on executive actions during the later years of his presidency after being unable to win congressio­nal approval of key initiative­s, and some of those actions drew legal challenges. But early in his presidency, he relied on unilateral actions less often because his fellow Democrats controlled Congress and passed major legislatio­n including the 2010 Obamacare law.

‘Shoot from the hip’

Some legal experts say the haste with which Trump drafted some of his policy initiative­s may have helped those challengin­g the actions because the orders were not sufficient­ly vetted. “This administra­tion is more willing to shoot from the hip” when compared with the Obama administra­tion, Adler said. That is how San Francisco City Attorney Dennis Herrera, a Democrat, saw Trump’s executive order on sanctuary city funding, which Herrera calculated could jeopardize up to $2 billion in federal funds for his city.

Herrera said he saw Trump’s action as “designed to appeal to a part of the administra­tion’s political base without really having been vetted” by lawyers to ensure it was legally airtight. Herrera won an initial ruling in April blocking the measure, and the case is now pending before an appeals court. Trump’s actions have appealed to his conservati­ve political base, while the legal challenges have pleased his liberal critics. Speaking at an event at New York University, Schneiderm­an, New York’s attorney general, called Trump’s first travel ban, signed in January just a week into his presidency, a “galvanizin­g moment” for Democratic officials.

Trump has lashed out at judiciary

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