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Nonilex

Remember when told people that they’d get tired of winning once he was in office? If you are a Trump Admin lawyer, it surely doesn’t feel that way. Based on the tracker compiled by , the admin…has lost in 36 of 56 cases decided so far in the federal district courts & not yet subject to appellate rulings. It has lost in 10 of 15 cases that have been decided at the next level of review, the federal circuit courts of appeals.


newyorker.com/news/the-lede/ha

The New Yorker · Has Trump’s Legal Strategy Backfired?By Ruth Marcus

These numbers are especially striking because the cases are at a preliminary stage, when the hurdles are high for those seeking to block an admin action.

With 6 emergency petitions challenging 4 different admin policies now before , the coming days should provide a better sense of how Trump will fare there. The early indications are not good for the admin: the Court effectively rebuffed a request for emergency intervention involving , albeit by a vote of 5–4.

In another case, a challenge to ’s order restricting , set a briefing schedule so languid—those opposing the admin’s position were given 2 full weeks to respond—as to send the unmistakable message that the Justices did not share Trump’s view on the urgency of the situation.

These stats don’t merely indicate that the admin is on the wrong side of the . They also reflect bad lawyering. The admin’s hyper-aggressive litigation strategy combines maximalist [abusive] assertions of the scope of w/the insistence that any potential intrusion on executive authority necessitates emergency relief. It is belligerent in tone, treating federal judges like junior associates at law firms, when not asserting that they are biased partisans.

dispatches attys like so much legal cannon fodder, to defend the admin’s actions w/little or incorrect information about the underlying facts. It is grudging, if that, on compliance w/court orders, all but inviting judges to find the admin in of court. Add…Trump’s out-of-court behavior, which has included assailing a respected district-court judge as a “radical left lunatic,” calling for his impeachment, & going after w/blatantly executive orders.

An admin that is going to want the vote of Chief Justice might do well to recall that Roberts spent years in private law practice.

One lawyer leading the anti- advocacy surmised that the is “trying to play to , & ,” the deputy White House chief of staff. “It’s a very bad strategy,” the attorney added. “We’re by the day gaining more credibility with the Supreme Court by just not being crazy about court orders & judges.”

@Nonilex if someone who's taken the presidential oath of office does a contempt of court, is that not a betrayal of the oath? And when you betray an oath to a country is that not a treason?

@Nonilex

so TFG is getting a 2/3 majority. it's just a majority of lost cases. :)