President Donald Trump and his allies opposed federal judges for blocking major executive orders in their second term, accusing so-called “activist” judges of stepping over their powers and blocking them from delivering some of his top priorities.
Some of Trump’s most drastic executive orders and actions were blocked or suspended by federal courts to allow for a full hearing of merits. But a system of checks and balance also means that these decisions can be reviewed – either on appeal to the Supreme Court or by Congress, they have the power to pass the law or expand certain administrative authorities.
It’s all part of an explicitly designed government system that provides each branch, including the presidency, with many options for many reviews.
“It made it clear that no one in our system of government was intended to be king — the president included not just his name, but the president,” District of Columbia Judge Beryl Howell said in a ruling earlier this year.
But that doesn’t mean Trump has no choice. Here’s how he tries to oppose a wave of court cases:
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President Donald Trump will give a speech to commemorate his 100th day inauguration in Warren, Michigan on April 29, 2025 (Jim Watson/AFP via Getty)
Beside the land
Since taking office, Trump’s executive order has been challenged hundreds of federal court cases, but not all have been successful, some remained in previous review phases.
The plaintiffs sought to stop the demolition of certain federal agencies, restore the board president and inspector fired by Trump, and limit access to Elon Musk’s government efficiency agency, Doge, and others.
But like the group filing the lawsuit, the Trump administration also has the ability to appeal lower court decisions that it considers to be disadvantageous or beyond the scope of federal courts.
In the interim, you can ask for an emergency stay to restore the executive order until the case can hear about its merits.
The Supreme Court agreed to do so in several major cases. Trump was in favor of a lower court turning the two federal board members he fired earlier this year.
Last week, the Supreme Court suspended Trump’s ban on transgender military members, at least for now, and lifted a lower court order allowing him to proceed with policies related to his orders.
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President Donald Trump speaks to the media after signing an executive order at the White House’s oval office on April 23, 2025 (Chip Somodevilla/Getty Images)
Working with the Congress
The Trump administration can work with Republican majority in both chambers of Congress to codify its biggest policy priorities and seek more lasting change by protecting the level of review that is currently being given to courts if they weren’t under the law.
According to federal regulation laws and the federal register, if the president acted on the powers granted by Congress, the president’s executive order could be revoked or amended only through the president or the legislative department.
The plaintiffs in federal court argue that Trump’s recent enforcement actions are beyond what was approved by Congress. And in the absence of clearly written law, federal judges have extensive authority to interpret the legality of enforcement actions.
Court critics urged Congress to cut this power, including stripping federal court funds, blasting judges each, or abolishing judicial seats.
“When a federal judge removes his judicial robe and climbs the political stage and throws a political punch, they should expect a strong political counterpunch from the Article III project,” Mike Davis, founder and president of the Article III project, or A3p, told Fox News Digital in an interview.
“And when federal judiciary loses its legitimacy, it loses it all,” Davis said.
However, these steps are highly controversial and it is unclear whether they will gain the broad support they need from both the House and Senate.
This is why he has filed dozens of lawsuits trying to counteract Trump’s early actions when the president fails.
President Donald Trump will shake hands with Chief Justice John Roberts after being pledged at the launch ceremony at Rotunda, Capitol on January 20, 2025, after Melania Trump, Donald Trump Jr. and Ivanka Trump took notice.
More options
The options available to the White House are more limited by the constitution. The president can appoint a federal judge, but he cannot fire them. The enforcement department is also responsible for enforcing court decisions and may slow roll or deduct decisions the president disagrees with.
Meanwhile, Trump’s allies also sought to push back the court’s power in other, more unorthodox ways.
The First Legal Foundation filed a lawsuit as official head of the U.S. Judicial Council against Chief Justice John Roberts, a pro-Trump legal group founded by White House aide Stephen Miller between Trump’s first and second terms, filed Robert J. Conrad, the executive director of the U.S. Court at the beginning of the month.
The suit accuses the parties of implementing certain regulatory measures that go beyond the scope of the “core function” of the judicial system, and argues that they should place them under the thumbs of the administrative department.
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“The President of the United States is not a king, nor is it even ‘elected’. And his power to eliminate honest civil servants like federal officers and plaintiffs is not absolute,” Howell said in an incident earlier this year involving the recovery of two fired federal board members.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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