As the 19th-century French political philosopher, Alexis de Tocqueville, memorably observed, Americans have a tendency to fight their political battles in court. Barely two months into his presidency, Donald Trump is demonstrating increasing frustration as trade unions, civil rights organisations and states attorneys general challenge the implementation of his policies with lawsuits alleging presidential overreach that undermines the constitutional separation of powers.
More than 130 lawsuits are now pending. As a result, federal courts have put on hold key policies of the Trump administration and Trump lawyers have lodged emergency petitions invoking Supreme Court intervention.
First to face court check was the federal funding freeze order. This was swiftly followed by court rulings against the birthright citizenship order. This controversial measure would withdraw citizenship for children born in the United States to undocumented or non-citizen parents who are in the country legally but temporarily.
