Trump is 'getting crushed in the lower courts': analysis

29 May

U.S. President Donald Trump speaks to members of the media onboard Air Force One, on a flight to Joint Base Andrews in Maryland, U.S. April 13, 2025. REUTERS/Nathan Howard TPX IMAGES OF THE DAY

President Donald Trump's administration is facing major setbacks in the lower courts, with many of these unfavorable decisions issued by GOP-appointed judges.

In a piece published Thursday, Democracy Docket, a platform supporting voting rights, highlighted analysis by Stanford political science professor Adam Bonica which indicates that federal district courts have ruled against the Trump administration in 96% of cases in May.

"While President Donald Trump has had mixed success before the Supreme Court, he’s getting crushed in the lower courts," reporter Jacob Knutson wrote in the article.

"Bonica’s findings suggest that judges from both political leanings are consistently ruling against Trump, with 72% of Republican-appointed judges and 80% of Democratic-appointed judges issuing unfavorable decisions.Trump’s cross-ideological loss rate is likely due to several factors," the article said.

The report also pointed out that a large number of officials have either departed or been forced out of the Department of Justice, placing extra pressure on the remaining staff and recent hires. As a result, the chances of errors or inadequate preparation have likely risen, which may contribute to weaker legal arguments presented in court.

"Trump’s going after the legal profession itself as well. In arresting judges, attacking the courts, targeting lawyers and legal organizations, Trump set the legal profession as a whole on the defensive. Judges may now be acutely sensitive to challenges to their authority and far less willing to give the government the benefit of the doubt in certain cases," Knutson added.

The journalist argued that many of Trump’s actions seem to push the boundaries of legality, so it’s not unexpected that judges are frequently ruling against him.

However, he noted that these legal setbacks might not last, saying that the cases are headed to appellate courts, where more conservative-leaning judges could potentially reverse the lower court decisions.

Meanwhile, a federal appeals court temporarily allowed Thursday Trump’s broad “reciprocal” tariffs to remain in effect while it reviews the administration’s bid to keep them active during ongoing legal challenges.

On Thursday afternoon, the U.S. Court of Appeals for the Federal Circuit issued an emergency order pausing a decision made just a day earlier by the U.S. Court of International Trade.

That earlier ruling had concluded that the president lacked the authority to invoke emergency powers to justify global import tariffs.

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