What did Donald Trump do today?
He lost just about every court battle he could in one day.One federal judge blocked Trump's orders to purge the armed forces of transgender personnel. Judge Ana Reyes noted that the arguments Trump made against service by transgendered Americans were identical in structure and rationale to the ones that barred service by women and Black personnel. (Trump tried and failed to enact a similar ban during his first term.)
Another federal judge, Theodore Chuang, ordered the immediate restoration of USAID, finding that its shutdown was unlawful, harmful, and likely unconstitutional. In the process, Chuang also found that Elon Musk was the de facto head of the so-called Department of Government Efficiency, and not simply the supposedly powerless "advisor" that Musk has pretended to be in order to limit his own legal exposure.
In a third courtroom today, Judge Tanya Chutkan found that the Trump administration had failed to provide any proof of the supposed "fraud" that led to the EPA freezing some $20 billion in funds that Congress had appropriated and that had already been awarded in the form of grants and contracts to various organizations. "The government can’t just void contracts and void agreements and terminate things without following its own regulation," Chutkan said.
And in yet another federal court, Trump administration lawyers struggled to explain why the executive branch did not obey the explicit orders issued by federal judge James Boasberg in an immigration case in which Trump ordered Venezuelan nationals not charged with any crimes or immigration violations imprisoned in a slave labor camp in El Salvador. In what seems like an attempt to both openly defy the court while claiming that technically he wasn't, Trump has changed his story several times over the past few days: at various times his administration has said that the orders weren't issued in time, or that they didn't become official until they were in writing, or simply that judges have no authority over government planes once they enter international airspace.
Trump responded by calling Boasberg, a conservative George W. Bush appointee, a "Crooked Judge" who needed to be "IMPEACHED!!!" in a post on his boutique social media website.
Trump incorrectly identified Boasberg as an Obama appointee in that post, perhaps to suggest that there was some kind of judicial bias at work against him. (Going in the other direction, Trump sometimes brags that the conservative justices on the Supreme Court will do what he wants because they "owe" him.) But in fact, the federal judges who have rule against him in the vast majority of cases during his second term haven't needed ideology to do it: both liberal and conservative judges have slammed his quasi-dictatorial understanding of what a president is allowed to do.
Trump even drew an uncharacteristic rebuke from John Roberts, the conservative Chief Justice of the Supreme Court. Roberts issued a statement condemning Trump's frequent calls to impeach judges who rule against him, writing that "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."
Why does this matter?
- The most likely explanation for why judges find your actions illegal and unconstitutional is that your actions are illegal and unconstitutional.
- Under the United States Constitution, no matter whether the judge interpreting it is liberal or conservative, the president is not a king.