TRUMP LOSES SO FAR

STATUS OF INJUNCTIVE RELIEF AGAINST TRUMP

Recent judicial actions have resulted in injunctions against several policies that President Donald Trump's administration has implemented. These cases involve statutory interpretations and administrative procedures, though some also raise constitutional questions. Below is an analysis of notable cases and the likelihood of the Supreme Court granting certiorari:​

1. Fast-Tracking Deportations to Third Countries

• Case Overview: U.S. District Judge Brian Murphy issued a nationwide temporary restraining order blocking the administration from expediting deportations of migrants to third countries without allowing them to claim persecution or torture. The policy, enacted by U.S. Immigration and Customs Enforcement (ICE) on February 18, aimed to accelerate deportations of migrants previously released from detention. The judge emphasized protections under the Convention Against Torture. ​Reuters
• Supreme Court Review Likelihood: This case involves significant questions about executive authority and compliance with international treaties. Given the broader implications for immigration policy and the potential conflict among lower courts, the Supreme Court may be inclined to review the case to clarify these issues.​

2. Dismantling of the Consumer Financial Protection Bureau (CFPB)

• Case Overview: U.S. District Judge Amy Berman Jackson issued a preliminary injunction preventing the administration from dismantling the CFPB, an agency established to protect consumers from financial fraud. The ruling mandates the continuation of critical consumer services and the rehiring of staff, including a student-loan borrower adviser. ​
• Supreme Court Review Likelihood: The case raises questions about the separation of powers and the extent of executive authority to alter or dismantle independent agencies created by Congress. Given the constitutional implications and the potential impact on the administrative state, the Supreme Court may find it appropriate to grant certiorari.​

3. Deportations Under the Alien Enemies Act

• Case Overview: A federal appeals court upheld a block on the administration's order to deport Venezuelan migrants under the Alien Enemies Act of 1798, a wartime law. The case, brought by the American Civil Liberties Union on behalf of detained Venezuelan noncitizens, emphasizes the protection of due process rights. ​
• Supreme Court Review Likelihood: This case involves the interpretation of a rarely invoked historical statute and its application in contemporary immigration enforcement. The constitutional questions regarding due process and the executive's wartime powers may prompt the Supreme Court to review the case to resolve these complex legal issues.​

4. Executive Order on Birthright Citizenship

• Case Overview: Multiple federal judges have issued preliminary injunctions blocking President Trump's executive order seeking to end birthright citizenship for children of illegal immigrants. These rulings assert that the order violates the 14th Amendment of the U.S. Constitution. ​
• Supreme Court Review Likelihood: Given the direct constitutional challenge and the fundamental questions about the interpretation of the 14th Amendment, it is highly likely that the Supreme Court would grant certiorari to provide a definitive ruling on this significant issue.​

While constitutional issues increase the likelihood of the Supreme Court granting certiorari, the Court also considers cases involving significant questions of federal law, statutory interpretation, and conflicts among lower courts. The recent injunctions against Trump administration policies present a mix of constitutional and statutory issues, suggesting that the Supreme Court may choose to review these cases to provide clarity and uniformity in the law.

These cases are all law school examination-type questions that the Supreme Court should answer by agreeing with the lower court (s). Sadly, it probably will not.

William James Spriggs