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As Trump pushes the limits of presidential power, the courts push back

WASHINGTON (AP) 鈥 A familiar pattern has emerged since President Donald Trump returned to the White House less than three weeks ago: He makes a brash proposal, his opponents file a lawsuit and a federal judge puts the plan on hold.
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FILE - President Donald Trump speaks to reporters as he signs executive orders in the White House on Tuesday, Feb. 4, 2025, in Washington. (AP Photo/Evan Vucci, File)

WASHINGTON (AP) 鈥 A familiar pattern has emerged since President returned to the White House less than three weeks ago: He makes a brash proposal, his opponents file a lawsuit and a federal judge puts the plan on hold.

It's happened with Trump's attempts to , undermine and government workers.

Now the question is whether the court rulings are a mere speed bump or an insurmountable roadblock for the Republican president, who is determined to 鈥 sometimes by simply ignoring the laws.

Although Democrats may be encouraged by the initial round of judicial resistance, the legal battles are only beginning. Lawsuits that originated in more liberal jurisdictions like Boston, Seattle and Washington, D.C., could find their way to the U.S. Supreme Court, where a conservative majority has demonstrated its willingness to overturn precedent.

鈥淲hat鈥檚 constitutional or not is only as good as the latest court decision,鈥 said Philip Joyce, a University of Maryland public policy professor.

Roughly three dozens lawsuits have already been filed, including by who fear they're being purged for political reasons and families who are concerned about new limitations on healthcare for .

The spotlight on the judiciary is brighter because the Republican-controlled Congress of serving as a check on the presidency. Lawmakers from Trump's party have acceded to his demands to unilaterally and fire government watchdogs

That leaves only the courts as a potential guardrail on the president's ambitions.

鈥淲e鈥檙e down to two branches of government," said Justin Levitt, a professor at Loyola Law School.

The latest setbacks for Trump came Thursday.

In Seattle, U.S. District Judge John Coughenour blocked Trump's executive order on birthright citizenship, which was intended to prevent the children of parents who are in the country illegally from being automatically considered Americans.

Coughenour described birthright citizenship, which was established by the 14th Amendment, as 鈥渁 fundamental constitutional right鈥 and he assailed Trump in scathing terms.

鈥淭he rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain,鈥 said the judge, who was nominated by President in 1981.

鈥淭here are moments in the world鈥檚 history where people look back and ask, 鈥榃here were the lawyers? Where were the judges?鈥" Coughenour added. 鈥淚n these moments, the rule of law becomes especially vulnerable. I refuse to let that beacon go dark today.鈥

The judge had previously called the order 鈥渂latantly unconstitutional鈥 when issuing

鈥淚鈥檝e been on the bench for over four decades," Coughenour said then. 鈥淚 can鈥檛 remember another case where the question presented was as clear as this one is.鈥

Also on Thursday in Boston, U.S. District Judge George O鈥橳oole Jr. paused Trump's plan to encourage federal workers to resign by offering them paid leave.

O'Toole, who was nominated by President Bill Clinton in 1995, did not express an opinion on the deferred resignation program, which is commonly described as a buyout. He scheduled a hearing for Monday afternoon to consider arguments.

"We continue to believe this program violates the law, and we will continue to aggressively defend our members鈥 rights,鈥 American Federation of Government Employees National President said in a statement.

The White House said at least 40,000 federal workers have already agreed to quit in return for being paid until Sept. 30.

鈥淲e are grateful to the judge for extending the deadline so more federal workers who refuse to show up to the office can take the administration up on this very generous, once-in-a-lifetime offer," White House press secretary Karoline Leavitt said in a statement.

It's unclear which legal battles will reach the U.S. Supreme Court, where justices can choose what cases to consider. But Trump has nominated three out of nine members, and the court has taken an expansive view of presidential power.

In a case involving criminal charges against Trump, the justices ruled that presidents are for any official actions taken during their term.

, one of the few liberal justices on the bench, said the ruling would make the U.S. president 鈥渁 king above the law.鈥

Steve Vladeck, a professor at Georgetown University Law Center, said the courts have been pushing back on Trump in his second term. But he warned that judicial decisions need to be enforced.

鈥淭he collapse of any congressional pushback, any congressional responsibility, I think is an ominous sign for what would happen if this administration starts openly defying court orders," Vladeck said.

Historically, that would be a political non-starter and leave a president vulnerable to impeachment. But Trump was acquitted by the U.S. Senate despite two House impeachments from his first term, and then reelected by American voters, leaving him with little fear of punishment.

One closely watched legal issue involves the president's ability to withhold funding authorized by Congress, a practice known as impoundment. Although it's restricted by legislation passed in 1974, after scandals involving former President , some of Trump's allies have described the law as an unconstitutional limit on White House authority.

The concept was tested by Trump when the Office of Management and Budget decided to freeze federal grants and loans while the administration conducted an ideological review of spending.

The directive was blocked by U.S. District Judge Loren AliKhan, who was nominated by President Joe Biden in 2023.

鈥淒efendants鈥 actions in this case potentially run roughshod over a 鈥榖ulwark of the Constitution鈥 by interfering with Congress鈥檚 appropriation of federal funds,鈥 AliKhan wrote.

____

Associated Press writer Nicholas Riccardi contributed reporting from Washington.

Chris Megerian And Lindsay Whitehurst, The Associated Press

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