Legal Challenges to Trump Administration Policies: The Risks of Executive Branch Lawmaking That Fails to “Take Care”

  • Nancy KassopEmail author
Part of the The Evolving American Presidency book series (EAP)


President Trump’s executive branch lawmaking has spawned an extraordinary number of lawsuits in his first two and a half years in office over such policies as the travel ban, rescission of DACA, zero tolerance/family separation, sanctuary cities, the ban on military service by transgender persons, the rollback of environmental rules, the ban on asylum seekers, and the citizenship question on the census.

Kassop finds a pattern of unforced errors by the administration that resulted in near-universal adverse lower federal court rulings on most of these policies. Prominent features were pretextual (i.e., illegitimate) reasons for policy changes and repeated failures to comply with basic statutory procedures for executive branch policymaking. However, this trend of judicial defeats for the administration could change, as more Trump appointees are confirmed to the federal courts.


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Copyright information

© The Author(s) 2020

Authors and Affiliations

  1. 1.Department of Political Science and International RelationsState University of New York at New PaltzNew PaltzUSA

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