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来源: 2025-12-05 11:51:16 [旧帖] [给我悄悄话] 本文已被阅读:

 

Overview of Court Challenges to Trump's Second-Term Policies (January 20–December 5, 2025)

President Trump's second term has seen an unprecedented volume of executive actions—217 executive orders by December—many of which align closely with Project 2025 proposals on immigration, federal workforce reduction, deregulation, and national security. These have triggered over 400 lawsuits, far exceeding the pace of his first term (64 nationwide injunctions over four years). Lower federal courts (primarily district judges) have issued injunctions or temporary restraining orders (TROs) blocking implementation of various policies, often nationwide in scope until a June 27, 2025, Supreme Court ruling curtailed that practice.

Key themes in blocked policies include:

  • Immigration enforcement: Restrictions on birthright citizenship, Temporary Protected Status (TPS) revocations, and mass deportations under the Alien Enemies Act.
  • Federal workforce and agency restructuring: Firings of officials at independent agencies (e.g., NLRB, FTC, Federal Reserve) and reductions in staff/funding.
  • Spending and grants: Freezes on federal aid to states/schools for DEI programs, research, or non-cooperation with immigration enforcement.
  • Other: Tariffs under emergency powers, troop deployments for domestic law enforcement, and transgender military/inmate policies.

Total Policies Blocked by District Judges

Based on comprehensive trackers (e.g., Just Security, Washington Post, and analyses from NYT, Politico, and States United Democracy Center), at least 39 distinct Trump policies (primarily executive orders or directives) have been blocked by district court judges through injunctions or TROs as of December 5, 2025. This count focuses on unique policies, not individual lawsuits (which number in the hundreds) or per-judge rulings (e.g., multiple judges blocking the same policy, like birthright citizenship).

  • Breakdown by category:
     
     
    Category Number Blocked Examples
    Immigration 15 Birthright citizenship EO (3 judges); TPS revocation for Venezuelans; Alien Enemies Act deportations (multiple districts); F-1 visa revocations (50+ TROs, treated as one policy).
    Federal Workforce/Agency 10 Firings at NLRB, MSPB, FTC, Fed (multiple cases); USAID staff reductions; probationary worker reinstatements.
    Funding/Grants 8 DEI school funding cuts (3 judges); Harvard research freeze; FEMA grants to blue states; foreign aid withholding.
    Tariffs/Emergency Powers 3 IEEPA tariffs on trading partners; emergency declarations for energy policy.
    Other (e.g., Military/DEI) 3 Transgender military ban; domestic troop deployments (e.g., LA, Chicago); anti-DEI orders in private sector.
    Total 39  
     

This figure aligns with Justice Department reports of 39 blocks in the first four months, plus ongoing litigation adding ~10 more by fall (e.g., mass detention policy rejected by 220+ judges across districts, counted as one policy).

Among Blocked Policies, Those Overturned (Vetoed) by Appeals Courts or Supreme Court

Of the 39 blocked policies, 5 have been overturned (i.e., the block was stayed, vacated, or reversed) by appellate courts (U.S. Courts of Appeals) or the Supreme Court, allowing partial or full implementation. These "vetoes" often came via emergency stays or merits rulings favoring the administration. The Supreme Court has largely supported Trump on procedural grounds (e.g., limiting lower-court injunctions) but has not yet ruled on the constitutionality of most core policies (e.g., birthright citizenship merits hearing pending). Appeals courts have mixed results, with conservative circuits (e.g., 5th) more favorable.

  • Breakdown:
     
     
    Policy/Category Blocking Court Overturning Court Details
    Birthright citizenship restriction 3 district courts (nationwide injunctions) Supreme Court (June 27, 2025) Limited scope of injunctions; allowed partial enforcement but merits undecided.
    TPS revocation (Venezuelans) Northern Dist. CA Supreme Court (May 30, 2025) Granted emergency relief, overturning 9th Circuit stay denial; protections ended temporarily.
    Federal official firings (e.g., FTC's Rebecca Slaughter) D.C. District Court Supreme Court (September 2025) Stayed D.C. Circuit reinstatement; allowed firing pending full review.
    Domestic troop deployments (CA) Northern Dist. CA 9th Circuit (September 4, 2025) Stayed injunction barring troops for law enforcement; upheld on rehearing denial (October 22).
    DEI education grants freeze 1st Circuit (upholding district block) Supreme Court (spring 2025) Emergency stay allowed partial funding cuts while litigated.
    Total Overturned   5  
     
  • Notes on overturns:
    • Most (4/5) involved Supreme Court emergency docket interventions, reflecting its 6-3 conservative majority's tendency to favor executive power in "shadow docket" rulings.
    • No full Supreme Court reversal on substantive merits yet (e.g., Alien Enemies Act use remanded to 5th Circuit without overturn; tariff challenges pending).
    • 34 blocked policies remain halted or partially enjoined at district/lower levels, with ~20 appealed but unresolved (e.g., mass detention policy advancing slowly in circuits).
    • The administration has defied ~1 in 3 blocks (per Washington Post analysis), leading to contempt proceedings in 6 cases, but none escalated to appellate vetoes.

This legal friction has slowed Trump's agenda, with experts noting it echoes (but exceeds) first-term clashes. For real-time updates, trackers like Just Security provide case-by-case details.