{"id":65093,"date":"2018-05-08T11:51:26","date_gmt":"2018-05-08T11:51:26","guid":{"rendered":"https:\/\/www.biphoo.com\/bipnews\/?p=65093"},"modified":"2018-05-08T11:51:26","modified_gmt":"2018-05-08T11:51:26","slug":"trump-complains-of-biased-courts-but-they-often-support-his-policies","status":"publish","type":"post","link":"https:\/\/www.biphoo.com\/bipnews\/politics\/trump-complains-of-biased-courts-but-they-often-support-his-policies.html","title":{"rendered":"Trump complains of biased courts, but they often support his policies"},"content":{"rendered":"

Trump complains of biased courts, but they often support his policies<\/span><\/strong><\/h2>\n

Pointing to courtroom losses on policies such as the travel ban, the Trump administration and its supporters have repeatedly complained of a politicized judiciary they say is determined to thwart the Republican president\u2019s agenda.<\/span><\/p>\n

Reuters analyzed 41 major rulings in significant cases brought against Trump or his policies and found a more nuanced picture. The administration has certainly suffered courtroom losses, but it has also had important wins.<\/span><\/p>\n

Moreover, while judges appointed by Democratic presidents have issued many more of the rulings that went against the government, Democratic appointees have also been responsible for a majority of Trump victories. And Republican appointees have handed the administration some of its biggest courtroom losses.<\/span><\/p>\n

Looking strictly at the numbers, the administration has lost far more often than it has won in court, with 28 rulings that went against its position and 13 in its favor. But those numbers include multiple rulings on the same issues, since some of Trump\u2019s actions have attracted separate lawsuits in several courts.<\/span><\/p>\n

Looking issue by issue at how rulings have gone, the courtroom score evens out. Both the administration and its challengers have won favorable rulings on 11 specific issues. In some instances, where each side won on the same issue in different venues, Reuters tallied wins for both.<\/span><\/p>\n

Victories for the administration have included rulings on healthcare subsidies, deregulation, and Trump\u2019s continued ownership of his business empire. The administration has lost rulings in its bid to prevent teenagers in U.S. immigration detention from obtaining abortions and a plan to end Deferred Action for Childhood Arrivals (DACA), which protected some young immigrants from deportation.<\/span><\/p>\n

The administration\u2019s courtroom victories include six in which judges tossed the case outright. Other favorable rulings refused to block Trump policies or orders as cases proceeded.<\/span><\/p>\n

In some instances, when the administration has scored a victory in one court, the policy at issue has nevertheless been blocked nationwide by a judge ruling in a different case on the same policy. This has occurred in legal wrangling over DACA, funding for so-called \u201csanctuary\u201d cities, and exemptions to birth control insurance. Trump\u2019s travel ban was also blocked by lower courts until the U.S. Supreme Court allowed it to go into effect last December.<\/span><\/p>\n

Department of Justice spokeswoman Kerri Kupec declined to comment on overall outcomes in the Reuters analysis. But she said that the public should be concerned about the increasing use of nationwide injunctions by judges. \u201cThe result of these limitless injunctions is that elected officials, no matter their party, are unable to implement public policy except through years of litigation, effectively silencing the people who voted for them,\u201d she said.<\/span><\/p>\n

The administration has also complained about the quantity of litigation filed against it. In his first months in office, Trump has faced far more lawsuits challenging his policies than Democratic President Barack Obama did during the same period.\u00a0<\/span><\/p>\n

Later, the Obama administration saw many key policies challenged in court, including the Affordable Care Act, the Clean Power Plan and a proposal to protect parents of DACA recipients from deportation.<\/span><\/p>\n

Numerous legal scholars have expressed concern that Trump\u2019s attacks on the judiciary will undermine public confidence in the courts.<\/span><\/p>\n

\u201cThose kinds of comments feed into the notion that the system is rigged and people can\u2019t get a fair shake in our federal courts,\u201d said Alberto Gonzales, who served as attorney general under former President George W. Bush, a Republican. \u201cIf that\u2019s called into question, it calls into question the integrity of our whole judicial system, and that\u2019s very dangerous.\u201d<\/span><\/p>\n

After unfavorable rulings, Trump has called the judicial system \u201cbroken and unfair,\u201d and \u201cso political.\u201d<\/span><\/p>\n

Trump\u2019s view has also found some support in the legal world. The Federalist Society, a conservative lawyers\u2019 group, held an event in March in New Orleans titled \u201cThe Judiciary\u2019s War on Trump.\u201d<\/span><\/p>\n

\u201cIt\u2019s not the entire judiciary, but I believe that there are some judges who have largely abandoned their role of being neutral arbiters of the law and have become de facto part of the resistance movement,\u201d said John Malcolm, an analyst at the Heritage Foundation conservative think tank in Washington and headliner of the New Orleans event.<\/span><\/p>\n

Trump is not the only president to have blasted judicial decisions. Obama weighed in against a 2010 Supreme Court ruling that lifted limits on corporate spending in elections.<\/span><\/p>\n

But unlike his recent predecessors, Trump has gone beyond simply criticizing decisions. He has lambasted courts, judges and the system itself, said William Ross, a professor of law and ethics at Samford University in Birmingham, Alabama.<\/span><\/p>\n

\u201cThis is the first time that a president has openly used the courts as a kind of political football,\u201d Ross said.<\/span><\/p>\n

Trump\u2019s attacks have raised concern in the judiciary, even among judges who have ruled in the administration\u2019s favor. In a March 5 ruling that largely supported Trump\u2019s bid to wind down DACA, U.S. District Judge Roger Titus had harsh words for the president.<\/span><\/p>\n

\u201cThoughtful and careful judicial review is not aided when the president lobs verbal hand grenades at the federal courts, the Department of Justice and anyone else with whom he disagrees,\u201d wrote Titus, who was appointed by a Republican president.<\/span><\/p>\n

Democratic-appointed judges have sided with the administration on, among other things, the border wall with Mexico, deregulation, the end to Obamacare subsidy payments and whether Trump is violating the U.S. Constitution\u2019s anti-corruption provisions.<\/span><\/p>\n

Republican appointees issued six of the 28 rulings against Trump or his policies, including Washington, D.C. federal judge John Bates who, like two Democratic-appointees, ruled against the administration on DACA.<\/span><\/p>\n

In lawsuits over threats to withdraw funding from sanctuary cities that limit cooperation with the administration on immigration enforcement, challengers won in three courts, with two of the rulings from judges appointed by Republicans. Trump\u2019s transgender military ban was blocked by four different judges, including one appointed by a Republican president.<\/span><\/p>\n

\u201cThe fact that he\u2019s lost cases decided by Republican-appointed judges and won cases by Democratic-appointed judges helps to demonstrate that the United States continues to have a highly independent judiciary that bases its rulings on the constitution and law rather than the political leanings of the administration,\u201d Ross said.<\/span><\/p>\n

The administration\u2019s focus on the losses is born of a natural frustration with having initiatives curbed, said Ted Frank, director of litigation for the Competitive Enterprise Institute, a Washington-based conservative think tank. But politics are also involved.<\/span><\/p>\n

Source:-https:\/\/www.reuters.com\/article\/us-usa-court-trump\/trump-complains-of-biased-courts-but-they-often-support-his-policies-idUSKBN1I919Z<\/span><\/p>\n

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