Trump administration lawyers spent Important time before the court This month, fight dozens of requests filed by legal groups, Labor organizations and a litany of other state complainants and premises across the country – and so far, most of the judges have not granted these requests.
The courts “rightly say that we do not have competence on this subject”, or, in some cases, that the complainants “do not prove the damage,” said the legal editor of Fox News, Kerri Kupec Urbahn, a former spokesperson for the Attorney General Bill Barr, about the many legal challenges to the order of the Trump.
The prosecution, totaling more than 80, aim to block or reverse some of Trump’s most controversial actions and decrees.
Almost all the complainants are looking for, in addition to long -term injunctive repair, a temporary prohibition order, or Tro, of a federal judge who would prevent the order or policy from gaining violation until the substance may be heard.
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President Donald Trump listens to the White House advisor David Sacks, while signing a decree concerning cryptocurrency at the Oval Office on January 23, 2025. (AP photo / ben Curtis, file)
Almost all of these emergency compensation requests were rejected before the court, the judges noted that the complainants lacked position and ordering the two parties to return for a later hearing date to examine the advantages of the case.
Some Trump’s legal allies and legal commentators have criticized the many proceedings as well as the complainants to skip the traditional administrative call process and carry their cases directly before the courts – a model which, according to him, aroused the wave of refusal of the federal judges.
There is an internal examination process for actions or directives specific to the agency, which may be challenged via calls for judges of administrative law or a specific court to the agency.
But doing so for executive decrees or presidential actions is much more difficult.
According to information from Federal Regulations Code And the Federal Register, a decree of the president can only be revoked or modified by the president or via the legislative power, if the president acted on the authority which had been granted by the congress.
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The courthouse of E. Barrett Prettman in Washington, DC (Images Kevin Dietsch / Getty)
Given that the latter is not immediately applicable to the Trump era orders that many prosecution rest, this leaves the courts as one of the limited arbitrators to determine whether the orders or the action in question must be understood.
This means that the requests for injunctive relief are taken into account in a sort of wave of procedures in two parts, because most – if not all – complaints from the Trump era include both the request for TRO and the preliminary injunction.
Tro requests are the first wave of “mini-arguments” to come before us, the judges responsible for reviewing the complaints.
They are heard immediately and demand that the applicants prove that they will undergo irreparable injury or damage if their request for compensation is not granted – a hard burden to satisfy, in particular when order or policy has not yet entered into force.
(As a judge pointed out earlier this month, the court cannot grant requests for TRO depending on speculation.)
The courts then order the two parties to reappear on a later date to examine the preliminary injunction request, which allows the two parties to present a more complete argument and for the court to take into account the damage or the damages.
“The main thing is that the courts generally do not grant requests to an emergency reparation at the start of a trial,” wrote Suzanne Goldberg, contributor and professor of the Columbia Law School Recent editorial.
“Instead, they are waiting to decide which remedies that a applicant deserves, if necessary, until each party presents his legal arguments and introduces his evidence, including the evidence obtained on the other side by the discovery process.”
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These short -term court victories supported the Trump allies and the government’s ministry of efficiency, allowing Doge, at least for the moment, to continue to carry out their ambitious early days and to claim the “victory”.
“LFG”, recently applauded Elon Musk on X, in response to the rejection by a court of a request from unions who seek to block access to DOGE to information from the Federal Agency.
Other accounts welcomed the overwhelming refusals of the courts of emergency prohibition orders as proof that the Trump and Dogi administration “win” – a characterization that legal experts warn is largely premature.
In fact, they noted, the slow legal challenges and the nature of the tribunal calendar are characteristics, not bugs.
This includes efforts to block or reduce Doge of access to internal government information or employees of the dismissal agency; Proceedings aimed at blocking the transgender military ban from the Trump administration; And complaints to block the release or public identification of FBI staff involved in January 6 surveys, among other things.
But just because each of these actions is legitimate. On the contrary, legal experts say that the short -term “victories” depend on the limited power that a judge must take place to prove an emergency reparation or the granting of temporary prohibition orders.
President Donald Trump speaks to journalists from the Oval Office on February 13. (AP / Ben Curtis)
The judges, including the American district judge Tanya Chutkan, have previously noted that fear and speculation are not sufficient to reduce the access to the Doge: the complainants must prove clearly and with evidence, that their operation has responded to the difficult test to satisfy the permanent or “irreparable” damage.
Rule 65 of the federal civil procedure rules stipulates that applicants must be able to show evidence that a rule, action or policy in question will result in “immediate and irreparable damage” to meet a TRO request.
It is a difficult burden of proof, and almost impossible for applicants to satisfy, in particular for an action that has not yet taken effect.
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President Donald Trump speaks before Pam Bondi was sworn in as a prosecutor General at the Oval Office on February 5, 2025. (Images Andrew Harnik / Getty)
An exception is the prohibition of the Trump administration of the citizenship of the birth law.
THE Immediate rescue requestWas granted by several judges of the American district courts, who slowed down with the complainants, judging that hundreds of children born in the United States were really increasing.
He was also confirmed by an American court of appeal last week, paving the way for a possible fight of the Supreme Court.
But unless there, most of the proceedings will take place in the longer term, Goldberg, wrote in the OP-ED of Lawfare.
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“The decline, the current landscape of the disputes of TROS and preliminary injunctions may seem quite extraordinary … But considered in the context, these many provisional orders suggest that the threatened actions of the government are even more extraordinary, both in their probable illegality and their irreparable damage potential,” she said.
