Legal showdown looms as Trump tests limits of presidential power

Anthony Zurcher and Kayla Epstein

Reporting fromWashington, DC and New York City
Getty Images Donald Trump in Oval Office holds up folder displaying a signed executive orderGetty Images

Trump shows an executive order he has just signed

In the first weeks of his second term, President Donald Trump has wasted no time in flexing his political muscle. That much is clear.

Since taking office in January, he has ordered the suspension of all new asylum claims, cancelled refugee resettlement, frozen government hiring and spending, gutted agencies established by Congress, banned gender transition care for teenagers and offered a buyout deal for hundreds of thousands of federal workers.

The whirlwind of unilateral action on his campaign promises has pushed the limits of presidential power – and prompted legal challenges from Democrats, unions and legal groups. So far the federal courts have been the only substantive roadblocks to Trump’s agenda, as judges have temporarily suspended some of the most contentious proposals, including an end to automatic citizenship for anyone born on US soil.

But Trump is pressing on – and seems headed for a showdown with the judiciary that could eventually end in the highest court in the land. This week, a Rhode Island judge said the Trump administration was clearly and openly defying his court order to unfreeze billions in federal funds. The White House responded by saying that “every action” the president took was “completely lawful”.

If Trump’s orders do reach the US Supreme Court, six of the nine justices there – including three appointed by Trump in his first term – are conservative. Just last term, the court issued a decision holding Trump, and all future presidents, largely immune from prosecution for official actions while in office.

At the time, it was a landmark expansion of presidential authority. But some observers have suggested that Trump’s latest moves could be part of a strategy to expand his powers even further. If the high courts agree to uphold some of his executive orders, it could strengthen his ability to enact policy changes without the help of Congress.

And even if the courts rule against the president, says Ilya Shapiro, a constitutional expert at the Manhattan Institute, those legal defeats might be politically advantageous.

“There could be political benefits to being challenged in court and then even losing in court because then you can run against judges and make political hay of it.”

There is another scenario, however. Trump could simply refuse to comply with any court that tries to stop his exercise of unfettered presidential power.

In Oval Office comments on Tuesday, the president hinted that this might be an option, in his typically oblique way.

“We want to weed out the corruption,” Trump said. “And it seems hard to believe that a judge could say we don’t want you to do that.”

“Maybe we have to look at the judges,” he continued. “I think it’s a very serious violation.”

On Sunday, Trump’s vice-president, JD Vance, was even more blunt.

“Judges aren’t allowed to control the executive’s legitimate power,” he posted on the social media site X. That view was similar to one Vance expressed in a 2021 podcast, when he said that if Trump returned to power he should refuse to comply with any court order that prevented him from firing federal workers.

Directly defying a court ruling, however, would cut against centuries of US history and amount to the opening skirmishes in a constitutional crisis that pits the president against the branch of government designed to establish and interpret the law of the land.

“My read is that President Trump is testing the outer boundaries of what he might be able to get away with, doing a lot of things that are blatantly against the law and maybe some things that are closer to the line,” said Fred Smith, a professor at the Emory School of Law.

“They are breaking a lot of norms,” Smith added of the nascent Trump administration. “Why he is doing that, only he knows fully. But he is doing it.”

Getty Images Protestors outside office for US Agency for International DevelopmentGetty Images

A judge has temporarily halted some aspects of Trump’s moves to shut down the US Agency for International Development

So far, Trump and his allies have made aggressive comments about unfavourable court decisions in the public and in legal filings, but have yet to be sanctioned for disobeying a court. When Trump was the target of multiple prosecutions over the past four years, he frequently questioned the legitimacy of the presiding judges, but his courtroom lawyers adhered to the law and legal procedures.

The federal judge in Rhode Island, who had placed a temporary hold on another Trump order to freeze some federal spending, did warn in court filings Monday that the administration was violating his temporary restraining order but stopped short of finding them in contempt.

Conservative legal scholar Ed Whelan wrote on X that it would be “extremely grave” for the Trump administration to defy a federal court order.

“I’m open to the argument that truly extraordinary circumstances (the makings of a wild hypothetical) might justify defiance,” Mr Whelan wrote. “But in our constitutional system there should be an overwhelming presumption in favour of executive-branch compliance with federal court orders.”

Watch: Musk defends government cuts in surprise White House appearance

Should Trump disobey, and therefore delegitimize, the courts, the decision could come back to bite him when the time comes for the president to see his own lawful agenda enforced, some legal experts say. Democratic states like California, for instance, might be inclined to ignore White House directives and federal laws they don’t like – and Trump would be hard pressed to use the courts to bring them to heel.

“If the executive decides it will obey some court orders but not others, it will find it won’t get any court orders that it wishes to obey,” said Philip Bobbitt, a constitutional scholar at Columbia University Law School. “I just don’t think they thought that through.”

When Donald Trump redecorated the Oval Office to his liking in January, he reinstalled a portrait of President Andrew Jackson that had hung on the wall across from the Resolute Desk in his first term.

The seventh US president is remembered for a critical moment of defiance against the United States Supreme Court. When the justices decided a dispute between the state of Georgia and Cherokee Indian governments in 1832, Jackson did not seem interested in following its direction.

Jackson allegedly said of the Chief Justice’s ruling, “John Marshall has made his decision; now let him enforce it!”

Nearly 200 years later, Trump himself has found himself on his own collision course with America’s judiciary.

Source link

Visited 1 times, 1 visit(s) today

Related Article

Nvidia’s trillion-dollar run puts pressure on the bulls

BEIJING, CHINA – MAY 14: Nvidia CEO Jensen Huang (C) gestures as he prepares to depart following a welcome ceremony at the Great Hall of the People on May 14, 2026 in Beijing, China. President Trump is meeting with President Xi Jinping in Beijing to address the Iran conflict, trade imbalances, and the Taiwan situation

Permutations in Europe: What’s still at stake in final weeks of season?

There’s still plenty to play for across Europe as we head into the final matches of the club season. Here are all the title races, Champions League fights, and relegation battles left to be decided in the top leagues this month. This story will be updated until the end of the campaign. 👉 Jump to:EPL

Brewing a Better Half-Gallon Batch

Today I finally ran an experiment I’ve wanted to try for a long time. If you’re a professional barista—or you run a busy café—this may save you some time. Most coffee shops use 1–1.5 gallon batch brewers (Bunn, Curtis, Fetco, etc.). When I opened Short Sleeves Coffee, I intentionally avoided brewing full 1-gallon batches. I

5 Frozen Breakfasts Chefs Say Keep You Full All Morning

Chef-approved frozen breakfasts with more protein and better ingredients. Eating a healthy breakfast every morning is a great way to start the day, but most people don’t have time to cook. Whether you’re rushing out the door in the morning for work, taking the kids to school or both, there’s usually not much time in

CA scales back plan to ban student use of cell phones

By Carolyn Jones, CalMatters This story was originally published by CalMatters. Sign up for their newsletters. Until last month, California was poised to join nearly a dozen other states that ban cell phones in K-12 schools. But under pressure from school boards and administrators, lawmakers scaled back a bill that would have required such a

BulkQuant Launches AI Trading Bot for Crypto, Forex, and Stock Markets

BulkQuant Launches AI Trading Bot for Crypto, Forex, and Stock Markets

London, United Kingdom, May 15, 2026 (GLOBE NEWSWIRE) — BulkQuant has officially launched its AI trading bot platform designed for crypto, forex, and stock market traders seeking a simpler way to automate trading strategies across multiple financial markets. The platform combines AI-powered quantitative analysis, automated trade execution, portfolio monitoring, and adaptive risk management into a

IMF lauds resilient Hong Kong economy but warns of risks linked to Middle East war

IMF lauds resilient Hong Kong economy but warns of risks linked to Middle East war

The International Monetary Fund (IMF) has lauded the resilience of Hong Kong’s economy, noting a sustained recovery despite economic activity having yet to return to pre-Covid levels, while warning of downside risks stemming from escalating geopolitical tensions. It also urged Hong Kong to pursue medium-term financial reforms, including the introduction of a goods and services

Smithsonian Presidents Exhibit Reopens With Low-Key Trump Impeachment Mention

For the past year, the Smithsonian Institution has found itself in the awkward position of telling the nation’s story while being supported in part by a government that wants to narrow how that story is told. In December, the White House threatened to revoke funding to the institution if it did not hand over a

Marvel’s Daredevil Follow-up Is Already Dominating on Streaming

A follow-up to Daredevil: Born Again Season 2 on Disney+ has become a massive streaming success within days of its launch. The Punisher: One Last Kill has quickly climbed to the top of multiple charts, beating out other titles on the platform. The MCU television special follows the gun-toting vigilante, who finds himself targeted by

Is Now a Bad Time to Invest?

The market has been on a roll lately, with the S&P 500 (SNPINDEX: ^GSPC) setting new highs throughout May. If you think you missed your opportunity when the market bottomed in late March, don’t fret. The market hitting new all-time highs is not particularly rare and should not change your investment strategy. And if you

6 bids for Hong Kong land sale signal renewed confidence despite market caution

6 bids for Hong Kong land sale signal renewed confidence despite market caution

The Hong Kong government’s first land sale in the current financial year has drawn six bids, according to the Development Bureau, including those from the city’s largest developers, suggesting a more confident outlook for the residential property market. At the close of tender for Tung Chung Town Lot No 54 at Area 106A on Friday

Each Premier League team reranked: Man City rise; Chelsea, Liverpool collapse

Ryan O’Hanlon Close Ryan O’Hanlon ESPN.com writer Ryan O’Hanlon is a staff writer for ESPN.com. He’s also the author of “Net Gains: Inside the Beautiful Game’s Analytics Revolution.”  and  Bill Connelly Close Bill Connelly ESPN Staff Writer Bill Connelly is a writer for ESPN. He covers college football, soccer and tennis. He has been at

Trump departs China after two-day summit

Trump departs China after two-day summit

IE 11 is not supported. For an optimal experience visit our site on another browser. Trump Wraps China Summit With Xi Jinping: What Are the Results? 05:41 Xi gives Trump rare tour of secret garden at heart of Chinese government 01:04 Now Playing Trump departs China after two-day summit 01:01 UP NEXT Special Report: Trump

Carol Chow was facing a bankruptcy petition by five people over unspecified debts at the time of her death. Photo: Dickson Lee

Embattled Hong Kong developer sued for HK$130 million, days after founder’s death

A Hong Kong property developer has been sued for HK$130 million (US$16.6 million) over allegedly breaching guarantor obligations in two bond subscription agreements, becoming the latest lawsuit to implicate the embattled company and following its founder’s sudden death earlier this week. Lofter Group, known for its urban renewal projects across the city’s core districts, and

Trump’s China visit left chip export issue unresolved

This report is from this week’s The Tech Download newsletter. Like what you see? You can subscribe here. One look at the roster of U.S. execs that cozied up to U.S. President Donald Trump on the 20+ hours flight from Alaska to China on Wednesday and you get a sense of the American delegation’s key focus

Why the Cerebras IPO matters for the AI race with China

Why the Cerebras IPO matters for the AI race with China

Cerebras, an AI chipmaker, saw its shares nearly double on Nasdaq, closing up 70% with a $95B market cap. Cerebras’s powerful chips are key in the US-China AI tech race. Chris Buskirk, co-founder and chief investment officer of 1789 Capital, a key Cerebras investor, says the company’s IPO is geopolitically significant. On Thursday, shares of

Fitbit Air vs Whoop Strap Comparison: Price, Features and AI

The Google Fitbit Air is very much the talk of the fitness tracking town right now, not only because it’s the first new Fitbit device that we’ve had in years, but it’s also one of the first big brands to go head-to-head with the established Whoop Strap (if you don’t count the Polar Loop and

0
Would love your thoughts, please comment.x
()
x