'Activist' judges keep trying to curb Trump’s agenda – here’s how he could push back

President Donald Trump and his allies person railed against national judges for blocking cardinal enforcement orders successful his 2nd term, accusing alleged "activist" judges of overstepping their authorization and blocking him from delivering connected immoderate of his apical argumentation priorities.

Some of Trump’s astir sweeping enforcement orders and actions person been blocked oregon paused by national courts to let for a afloat proceeding connected the merits. But the strategy of checks and balances besides means these rulings tin beryllium reviewed – either done appeals to the Supreme Court oregon by Congress, which has the powerfulness to walk laws oregon grow definite enforcement subdivision authorities.

It's each portion of an expressly designed strategy of authorities that affords each branch, including the presidency, plentifulness of options for review. 

The Framers "made wide that nary 1 successful our strategy of authorities was meant to beryllium king– the president included – and not conscionable successful sanction only," U.S. District Court Judge Beryl Howell of the District of Columbia said successful a ruling earlier this year.

But that's not to accidental Trump is without options. Here's however helium could question to propulsion backmost against the question of tribunal actions. 

100 DAYS OF INJUNCTIONS, TRIALS AND 'TEFLON DON': TRUMP SECOND TERM MEETS ITS BIGGEST TESTS IN COURT

President Donald Trump delivers a code marking his 100th time successful bureau successful Warren, Michigan, connected April 29, 2025. (Jim Watson/AFP via Getty)

Lay of the land

Since taking office, Trump's enforcement orders person been challenged by hundreds of lawsuits successful national court, though not each person been successful, and immoderate stay successful the earlier stages of review.

Plaintiffs person sought to artifact the dismantling of definite national agencies, to reconstruct committee heads and inspectors wide fired by Trump, and to restrict the entree of Elon Musk's authorities ratio agency, DOGE, among different things. 

But like the groups filing the lawsuits, the Trump medication besides has the quality to entreaty immoderate little tribunal decisions it views arsenic unfavorable oregon going beyond the scope of the national court.

In the interim, it tin question an exigency enactment to reconstruct the enforcement bid until the lawsuit tin beryllium heard connected its merits.

The Supreme Court has agreed to bash truthful successful respective large cases. It sided with Trump successful removing 2 national committee members helium had fired earlier this year, and which a little tribunal had reversed.  

Last week, the Supreme Court lifted a little tribunal bid that paused Trump's prohibition connected transgender subject members from taking effect – allowing his bid and related policies to proceed, astatine slightest for now. 

BOASBERG GRILLS DOJ OVER REMARKS FROM TRUMP AND NOEM, FLOATS MOVING MIGRANTS TO GITMO IN ACTION-PACKED HEARING

President Donald Trump speaks to the media aft signing enforcement orders successful the Oval Office astatine the White House connected April 23, 2025. (Chip Somodevilla/Getty Images)

Working with Congress

The Trump medication tin question much lasting alteration by moving with the Republican majorities successful some houses of Congress to codify its biggest argumentation priorities, shielding the level of reappraisal presently afforded to the courts successful the lack of immoderate legislation.

According to the Code of Federal Regulations and the Federal Register, a president’s enforcement bid tin beryllium revoked oregon modified lone by the president oregon via the legislative branch, if the president was acting connected authorization that had been granted by Congress.  

Plaintiffs successful national tribunal person alleged that Trump's caller enforcement actions are beyond the scope of what has been authorized by Congress – and, successful the lack of intelligibly written laws, national judges bash person wide authorization to construe the lawfulness of the executive's actions. 

Critics of the courts person pushed for Congress to curtail this powerfulness – either by stripping the backing for national courts, impeaching judges oregon eliminating judicial seats, among different things. 

"When national judges instrumentality disconnected their judicial robes and ascent into the governmental arena and propulsion governmental punches, they should expect almighty governmental counterpunches from the Article III project," Mike Davis, the laminitis and president of the Article III Project, oregon A3P, told Fox News Digital successful an interview. 

"And erstwhile the national judiciary loses its legitimacy, it loses everything," Davis said. 

But these steps are highly controversial, and it's unclear if they could garner the wide enactment needed from some the House and Senate. 

HERE'S WHY DOZENS OF LAWSUITS SEEKING TO QUASH TRUMP'S EARLY ACTIONS AS PRESIDENT ARE FAILING

President Donald Trump shakes hands with Supreme Court Chief Justice John Roberts arsenic Melania Trump, Donald Trump Jr. and Ivanka Trump look connected aft being sworn successful during inauguration ceremonies successful the Rotunda of the Capitol connected Jan. 20, 2025.  (Chip Somodevilla/Pool via Reuters/File)

Other options

Options disposable to the White House are much constricted by the Constitution. The president tin name national judges, but helium cannot occurrence them. The enforcement subdivision is besides liable for enforcing tribunal rulings and whitethorn either slow-roll oregon de-prioritize decisions the president disagrees with. 

Meanwhile, Trump allies person besides sought to propulsion backmost connected the powerfulness of the courts successful other, much unorthodox ways.

The America First Legal Foundation, a pro-Trump ineligible radical founded by White House adjutant Stephen Miller successful betwixt Trump's archetypal and 2nd terms, filed a suit against Supreme Court Chief Justice John Roberts, successful his capableness arsenic the authoritative caput of the U.S. Judicial Conference, and Robert J. Conrad, the manager of the Administrative Office of the U.S. Courts, earlier this month. 

The suit accuses some parties of performing definite regulatory actions that spell beyond the scope of the "core functions" of the judiciary – and which they reason should enactment them nether the thumb of the enforcement branch. 

CLICK HERE TO GET THE FOX NEWS APP 

"An American president is not a king – not adjacent an 'elected' 1 – and his powerfulness to region national officers and honorable civilian servants similar plaintiff is not absolute," Howell said successful a lawsuit involving the reinstatement of 2 fired national committee members earlier this year.