Unpacking the Anti-DOGE Lawsuits: Legal Experts Weigh in on Fighting Trump’s Agenda at SCOTUS

As legal battles continue to mount against the Trump administration’s spending policies, many experts suggest these lawsuits aim to challenge the president’s agenda. Zack Smith, a Senior Legal Fellow at the Heritage Foundation, believes this phase of legal conflict mirrors the political climate seen during the Biden administration. The key difference now is that outside groups, not government entities, are leading these lawsuits.

Since Trump’s second term began, his administration has faced over 90 lawsuits, with many targeting his spending policies. These suits come from various plaintiffs, including state attorneys general and advocacy groups, challenging the administration’s efforts to cut funding for certain programs and reduce overall government spending.

Experts like Smith think these legal actions might be a tactic to slow down Trump’s progress. He notes that even if the plaintiffs know they may not win, the goal seems to be to create obstacles. John Yoo, a law professor at UC Berkeley, adds that seeking judicial intervention instead of going through Congress reflects a kind of political weakness. If plaintiffs had popular support, they would approach Congress to express their concerns.

The current legal landscape appears confusing. Many judges are accused of overstepping their roles, according to Smith. He asserts that judges should not impose their views on the executive branch’s actions. Yoo echoes this sentiment, suggesting that some judges are mistakenly stepping into areas meant for the president and his team. Smith hopes the Supreme Court will closely review these lower court actions.

Both Smith and Yoo anticipate that these legal challenges will eventually reach the Supreme Court, which may have to clarify the proper procedures for contesting federal spending freezes. Recently, Chief Justice John Roberts paused a federal court order requiring the Trump administration to disburse about $2 billion in foreign aid by midnight, a move that Smith found surprising. This could signal to lower courts that further interventions might prompt Supreme Court involvement.

Yoo believes the Trump administration will likely win many of these lawsuits, as the president tries to navigate his executive powers in line with recent Supreme Court decisions. He emphasizes that winning an election doesn’t grant a president unlimited power; there are constitutional processes to follow. Trump’s approach of bringing these issues to court illustrates that he is engaging with the legal system as required.

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