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Why federal courts are unlikely to save democracy from Trump’s and Musk’s attacks

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wednesday

State governments, community groups, advocacy nonprofits and regular Americans have filed a large and growing number of federal lawsuits opposing President Donald Trump’s barrage of executive orders and policy statements. Some of his actions have been put on hold by the federal courts, at least temporarily.

As a scholar of the federal courts, however, I expect the courts will be of limited help in navigating through this complicated new political landscape.

One problem is that the U.S. Supreme Court in recent years has moved sharply to the right and has approved of past efforts to expand the powers of the presidency. But the problem with relying on the courts for help goes beyond ideology and right-leaning justices going along with a right-leaning president, as happened in Trump’s first term.

One challenge is speed: The Trump administration is moving much faster than courts do, or even can. The other is authority: The courts’ ability to compel government action is limited, and also slow.

And that doesn’t even factor in statements by Trump, Vice President JD Vance and “special government employee” multibillionaire Elon Musk. All three have indicated that they are open to ignoring court rulings and have even threatened to seek the impeachment of judges who rule in ways they don’t like.

Musk has been put in charge of White House efforts to cut government services, both in spending amount and reach.

Constitutional law is clear: The executive branch........

© The Conversation