President Donald Trump shakes hands with US Supreme Court Associate Justice Amy Coney Barrett as he arrives to address a joint session of Congress in the House Chamber at the US Capitol in Washington, DC, on March 4. Saul Loeb/AFP/Getty Images
CNN —
The Trump administration has escalated its legal appeals to the US Supreme Court, relying on recurring themes to support its case.
“Only this Court can end the interbranch power grab,” said administration lawyers, urging justices to reverse a California judge’s order requiring the reinstatement of probationary federal workers.
“Only this Court can right the ship – and the time to do so is now,” they stated while appealing a separate order preserving Department of Education teaching-training grants.
Last Friday, when the Trump legal team appealed a temporary restraining order (TRO) regarding the use of the Alien Enemies Act to deport alleged members of a Venezuelan gang, they argued, “Only this Court can stop rule-by-TRO from further upending the separation of powers – the sooner, the better.”
Throughout these cases, the administration’s legal team has emphasized the need for presidential control, invoking national security concerns and wartime powers, and portraying lower court judges as causing widespread upheaval. They argue that swift intervention from the Supreme Court is essential to prevent legal chaos.
In their arguments, the Trump legal team has tailored their rhetoric to appeal to specific justices. They’ve aligned their arguments with those of Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh, noting dissenting opinions and emphasizing key phrases from past rulings. Additionally, they have cited Justice Amy Coney Barrett’s writings, particularly in reference to her criticism of lower court judges issuing nationwide injunctions against Trump’s policies.
The Trump administration’s legal team argues that the president’s authority, as supported by Congress, should not be undermined by district court judges’ rulings that block national policies. The administration’s appeal has centered on the idea that these lower court decisions, which involve major issues like foreign aid and the firing of probationary employees, represent an overreach of judicial power.
Justice Sonia Sotomayor has expressed concern over the disruption to legal norms, warning that such actions could undermine the foundation of the rule of law. Chief Justice John Roberts has similarly countered the administration’s threats against judges who rule against them, reinforcing that impeachment is not an appropriate response to judicial disagreements.
Despite these warnings, the Trump administration continues to push for Supreme Court intervention, citing the necessity of maintaining control over executive powers and defending national security interests. The cases before the Court will ultimately shape the president’s ability to carry out his agenda, which has faced significant legal challenges.
4o mini