Trump flouts lower court rulings in unprecedented display of executive power, and ‘respect for the rule of law is likely to break down’

When a federal judge shot down a Trump administration policy of holding immigrants without bond last December, it seemed like a serious blow to the president’s mass deportation effort.

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Instead, a top Justice Department official insisted the ruling wasn’t binding, and the administration continued denying detainees around the country a chance for release.

By February, the district court judge, Sunshine Sykes, was fed up. Sykes, a nominee of President Joe Biden, accused Trump officials in a ruling that month of seeking “to erode any semblance of separation of powers,” adding that they could “only do so in a world where the Constitution does not exist.”

Hardly isolated, the case illustrates a broader pattern of defiance of lower court decisions in President Donald Trump’s second term.

The failure of Trump officials to follow court orders has been highlighted most notably in individual immigration cases. But a review of hundreds of pages of court records by The Associated Press also shows an extraordinary record of violations in lawsuits over policy changes and other moves.

In the second Trump administration’s first 15 months in office, district court judges ruled it was violating an order in at least 31 lawsuits over a wide range of issues, including mass layoffs, deportations, spending cuts and immigration practices, the AP’s review of court records found. That’s about one out of every eight lawsuits in which courts have at least temporarily blocked the administration’s actions.

The Republican administration’s power struggle with federal courts — which is testing basic tenets of U.S. democracy — reflects an expansive view of executive authority that has also challenged the independence of federal agencies, a president’s ethical obligations, and the U.S.’s role in the international order.

Judges find widespread noncompliance

The Trump administration violations in the 31 lawsuits are in addition to more than 250 instances of noncompliance judges have recently highlighted in individual immigration petitions — from failing to return property to keeping immigrants locked up past court-ordered release dates.

Legal scholars and former federal judges said they could recall at most a few violations of court rulings over the full four-year terms of other recent presidential administrations, including Trump’s first time in office. They also noted previous administrations were generally apologetic when confronted by judges; the Trump administration’s Justice Department has been outright combative in some cases.

“What the court system is experiencing in the last year and a half is just qualitatively completely different from anything that’s preceded it,” said Ryan Goodman, a law professor at New York University who studies federal courts and is tracking litigation against the Trump administration.

Though Trump officials eventually backed down in about a third of the 31 lawsuits, legal experts say their treatment of court orders poses serious dangers.

“The federal government should be the institution most devoted to the rule of law in this country,” said David Super, a constitutional law scholar at Georgetown University. “When it ceases to feel itself bound, respect for the rule of law is likely to break down across the country.”

The White House’s aggressive policy moves have prompted a barrage of lawsuits — more than 700 and counting.

The administration has gotten a boost from higher courts

The AP’s review also found that higher courts, including the Supreme Court, overruled the district courts and sided with the White House in nearly half of the 31 cases. Critics say those decisions are emboldening the administration to ignore judges’ orders.

White House spokeswoman Abigail Jackson said the higher courts had overturned “unlawful district court rulings.” The administration will “continue to comply with lawful court rulings,” she added in a written statement.

“President Trump’s entire Administration is lawfully implementing the America First agenda he was elected to enact,” the statement said.

Among other instances of noncompliance, judges found the White House defied rulings when it deported scores of accused gang members to a notorious prison in El Salvador, withheld billions of dollars in foreign aid and failed to restore programming at the Voice of America. The three cases date to the first few months of the new administration, but judges have continued to find violations since then, including in two cases in April.

“The danger is that this gets normalized,” said JoAnna Suriani, counsel at the nonpartisan group Protect Democracy, which is tracking noncompliance cases. The group is also involved in litigation against the administration.

‘Ham-handed.’ ‘Hallucinating.’ Judges have also been scathing

In October, U.S. District Judge William Smith took little time to conclude Homeland Security officials were flouting one of his orders. Smith, a nominee of George W. Bush, had blocked the