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Trump Grows Increasingly Combative in Showdowns With the Courts

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Trump Grows Increasingly Combative in Showdowns With the Courts

The Trump administration’s compliance with court orders started with foot-dragging, moved to semantic gymnastics and has now arrived at the cusp of outright defiance.

Large swaths of President Trump’s agenda have been tied up in court, challenged in scores of lawsuits. The administration has frozen money that the courts have ordered it to spend. It has blocked The Associated Press from the White House press pool despite a court order saying that the news organization be allowed to participate. And it ignored a judge’s instruction to return planes carrying Venezuelan immigrants bound for a notorious prison in El Salvador.

But Exhibit A in what legal scholars say is a deeply worrisome and escalating trend is the administration’s combative response to the Supreme Court’s ruling last week in the case of a Salvadoran immigrant. The administration deported the immigrant, Kilmar Armando Abrego Garcia, to El Salvador despite a 2019 ruling from an immigration judge specifically and directly prohibiting that very thing.

Until recently, none of this was in dispute. “The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal,” the Supreme Court said on Thursday in an unsigned and to all appearances unanimous order.

The justices upheld a part of an order from Judge Paula Xinis of the Federal District Court in Maryland that had required the government to “facilitate” Mr. Abrego Garcia’s return. He had by then been held for almost a month in one of the most squalid and dangerous prisons on earth.

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The administration’s response has been to quibble, stall and ignore requests for information from Judge Xinis. In an Oval Office meeting on Monday between Mr. Trump and President Nayib Bukele of El Salvador, both men made plain that they had no intention of returning Mr. Abrego Garcia to the United States.

In remarks in the Oval Office and on television, Stephen Miller, Mr. Trump’s top domestic policy adviser, said the administration’s earlier concessions, made by several officials and in a Supreme Court filing, were themselves mistaken, the work of a rogue lawyer. He added that the Supreme Court had unanimously endorsed the administration’s position that judges may not meddle in foreign policy.

Ed Whelan, a conservative legal commentator, said that was a misreading of the ruling.

“The administration is clearly acting in bad faith,” he said. “The Supreme Court and the district court have properly given it the freedom to select the means by which it will undertake to ensure Abrego Garcia’s return. The administration is abusing that freedom by doing basically nothing.”

White House officials did not respond to requests for comment.

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The administration has also responded to court orders blocking its programs in other ways, speaking to audiences outside the courtroom. Mr. Trump and his allies have waged relentless rhetorical attacks on several judges who have ruled against the president, at times calling for their impeachment and at others suggesting that Mr. Trump is not bound by the law.

Assessing whether, when and how much the administration is defying the courts is complicated by a new phenomenon, legal scholars said, pointing to what they called a collapse in the credibility of representations by the Justice Department. These days, its lawyers are sometimes sent to court with no information, sometimes instructed to make arguments that are factually or legally baseless and sometimes punished for being honest.

Defiance, then, may not be a straightforward declaration that the government will not comply with a ruling. It may be an appearance by a hapless lawyer who has or claims to have no information. Or it may be a legal argument so outlandish as to amount to insolence.

Sanford Levinson, a law professor at the University of Texas, said the Trump administration had exposed dual fault lines, in the constitutional structure and in the limits of permissible advocacy.

“I would like to think that at least some of the Trump administration’s arguments have crossed that line,” Professor Levinson said, “but, frankly, I don’t really know where the line is.”

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Courts generally give government lawyers the benefit of the doubt, presuming that they are acting in good faith even when they make ambitious arguments for a broad conception of executive power.

“We are beyond that point,” said Marin Levy, a law professor at Duke. “It is alarming that we are even having to ask whether the government is failing to comply with court orders.”

Just hours after the Supreme Court ruled in Mr. Abrego Garcia’s case, Judge Xinis asked the government three questions on Thursday night: Where was Mr. Abrego Garcia being held? What steps had the government taken to get him home? And what additional steps did it plan to take?

At first, the administration’s lawyers refused to respond, saying in a court filing on Friday that they needed more time and at a hearing that day that they had no answers to the judge’s questions.

Judge Xinis wrote that they had “failed to comply with this court’s order,” and she called for daily updates, at 5 p.m., a deadline the administration has treated as a suggestion.

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On Saturday, an administration official grudgingly acknowledged that “Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador.” The official said nothing about what the government was doing to facilitate the prisoner’s return.

Mr. Abrego Garcia’s lawyers have urged Judge Xinis to consider holding the government in contempt, a question she may consider at a hearing on Tuesday.

Ilya Somin, a law professor at George Mason University, said the administration was “certainly close to defiance in the Abrego Garcia case.”

“At the very least,” he said, “they are taking maximal advantage of possible ambiguity in the meaning of ‘facilitate.’ It is not plausible to interpret that term as meaning they need make no real effort.”

In a brief filed on Sunday, the administration argued that the Supreme Court’s requirement that it “facilitate” Mr. Abrego Garcia’s return meant only that it must “remove any domestic obstacles that would otherwise impede the alien’s ability to return here.”

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That argument, Michael Dorf, a law professor at Cornell, wrote in a blog post, “does not pass the laugh test.”

Still, last week’s Supreme Court decision gave the administration some room to maneuver, notably in instructing Judge Xinis to clarify her initial ruling “with due regard for the deference owed to the executive branch in the conduct of foreign affairs.” The decision added: “For its part, the government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.”

The dispute seems certain to return to the justices if the administration sticks to its hard-line approach. Should lower courts order Mr. Abrego Garcia’s return or hold officials in contempt, the administration will surely again ask the Supreme Court to intervene. And if Mr. Abrego Garcia’s lawyers cannot secure his return, they too will seek further help from the justices.

Other disputes have also raised questions about whether the administration is defying the courts. A district court judge in Washington, for instance, ordered the White House to back off from its stated policy of barring The Associated Press from its press pool. But the administration showed no signs of budging.

Last week, Judge Trevor McFadden ruled that the White House had discriminated against the wire service by using access to the president as leverage to compel its journalists to adopt the term “Gulf of America” in their coverage. When the outlet refused, the White House began to turn its reporters away from the pool of journalists who cover the president daily.

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Until February, The A.P. and its competitors, such as Reuters and Bloomberg, reliably sent reporters to travel with the president on Air Force One and to cover exclusive events in the Oval Office and the East Room every day a president had scheduled public events.

Recognizing that the administration would most likely challenge his ruling, Judge McFadden put his decision on hold until Sunday, and the government promptly filed its appeal on Thursday. But the stay expired on Monday, and the appeals court did not intervene to keep it in place.

Even so, the administration did not allow either a print journalist or a photographer from The A.P. to be included in the pool to cover Monday’s events, including the meeting between Mr. Trump and Mr. Bukele. The White House’s only acknowledgment of the deadline appeared to be in a filing on Monday asking the appeals court to restore the temporary stay.

The Trump administration has seemingly capitalized on confusion in other cases.

Long after judges ordered the administration to unfreeze funding from contracts and grants disbursed by U.S.A.I.D. and FEMA, contractors and states led by Democrats repeatedly reported that payments were still being held up. Twice in February, judges granted motions to enforce their orders, finding that the administration was dragging its feet.

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The gap between lawyerly obstinacy and flat-out defiance seems to shrink by the day, at least in the lower courts. For now, neither the president nor the justices seem eager for the ultimate constitutional confrontation.

“If the Supreme Court said, ‘Bring somebody back,’ I would do that,” Mr. Trump said on Friday. “I respect the Supreme Court.”

Zach Montague contributed reporting

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Video: Kennedy Center Board Votes to Add Trump to Its Name

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Video: Kennedy Center Board Votes to Add Trump to Its Name

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Kennedy Center Board Votes to Add Trump to Its Name

President Trump’s handpicked board of trustees announced that the John F. Kennedy Center for the Performing Arts would be renamed the Trump-Kennedy Center, a change that may need Congress’s approval.

Reporter: “She just posted on X, your press secretary, [Karoline Leavitt,] that the board members of the Kennedy Center voted unanimously to rename it the Trump-Kennedy Center. What is your reaction to that?” “Well, I was honored by it. The board is a very distinguished board, most distinguished people in the country, and I was surprised by it. I was honored by it.” “Thank you very much, everybody. And I’ll tell you what: the Trump-Kennedy Center, I mean —” [laughs] “Kennedy Center — I’m sorry. I’m sorry.” [cheers] “Wow, this is terribly embarrassing.” “They don’t have the power to do it. Only Congress can rename the Kennedy Center. How does that actually help the American people, who’ve already been convinced that Donald Trump is not focused on making their life better? The whole thing is extraordinary.”

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President Trump’s handpicked board of trustees announced that the John F. Kennedy Center for the Performing Arts would be renamed the Trump-Kennedy Center, a change that may need Congress’s approval.

By Axel Boada

December 19, 2025

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Judge tosses Trump-linked lawsuit targeting Chief Justice Roberts, dealing setback to Trump allies

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Judge tosses Trump-linked lawsuit targeting Chief Justice Roberts, dealing setback to Trump allies

NEWYou can now listen to Fox News articles!

A federal judge on Thursday dismissed a lawsuit filed by a pro-Trump legal group seeking access to a trove of federal judiciary documents, including from a body overseen by Supreme Court Chief Justice John Roberts – putting an end to a protracted legal fight brought by Trump allies seeking to access key judicial documents. 

U.S. District Judge Trevor McFadden, a Trump appointee assigned to the case earlier this year, dismissed the long-shot lawsuit brought by the America First Legal Foundation, the pro-Trump group founded by White House policy adviser Stephen Miller after Trump’s first term; Miller, now back in the White House, is no longer affiliated with AFL.

McFadden ultimately dismissed the case for lack of jurisdiction, saying Thursday that two groups responsible for certain regulatory and administrative functions for the federal judiciary are an extension of the judicial branch, and therefore protected by the same exemptions to federal laws granted to the judiciary.

“Nothing about either entity’s structure suggests the president must supervise their employees or otherwise keep them ‘accountable,’ as is the case for executive officers,” McFadden said.

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TRUMP’S EXECUTIVE ORDER ON VOTING BLOCKED BY FEDERAL JUDGES AMID FLURRY OF LEGAL SETBACKS

Supreme Court Justices Samuel Alito, Clarence Thomas, Brett M. Kavanaugh, Amy Coney Barrett, Supreme Court Chief Justice John Roberts and Justices Elena Kagan and Sonia Sotomayor are seen at the 60th inaugural ceremony on Jan. 20, 2025 in Washington, D.C. (Ricky Carioti /The Washington Post via Getty Images)

The lawsuit by AFL was first reported by Fox News Digital earlier this year. It named both Chief Justice Roberts in his capacity as the official head of the U.S. Judicial Conference, and Robert J. Conrad, the director of the Administrative Office of the U.S. Courts, and sought access to a trove of judicial documents from both bodies under the Freedom of Information Act.

AFL accused both groups of performing regulatory actions that the lawsuit argued exceeded the scope of the “core functions” of the judiciary, and which it argued should subject the groups to the FOIA requests as a result.

AFL cited recent actions the Judicial Conference and Administrative Office had taken in 2023 to “accommodate” requests from Congress to investigate allegations of ethical improprieties by Justices Clarence Thomas and Samuel Alito, and subsequently to create or adopt an “ethics code” for justices on the high court.

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“Under our constitutional tradition, accommodations with Congress are the province of the executive branch,” AFL argued.

“The Judicial Conference and the Administrative Office are therefore executive agencies,” and must therefore be overseen by the president, not the courts, they said.

GORSUCH, ROBERTS SIDE WITH LEFT-LEANING SUPREME COURT JUSTICES IN IMMIGRATION RULING

White House deputy chief of staff for policy Stephen Miller. (Kevin Dietsch/Getty Images)

McFadden disagreed, rejecting the group’s argument that “courts” under FOIA refers only to judges. He concluded that both the Judicial Conference and the Administrative Office are components of the judicial branch and therefore exempt from FOIA.

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“Indeed, if America First were right that only judges and ‘law clerks,’ who ‘directly report to the judge,’ count as part of ‘the courts,’ numerous questions arise, and senseless line drawing ensues,” he said in a memo opinion accompanying his order. “Rather, FOIA’s exclusion reflects that courts include a full range of ‘judicial adjuncts,’ from ‘clerks’ to ‘court reporters,’ who perform ‘tasks that are an integral part of the judicial process.’” 

Plaintiffs for AFL, led by attorney Will Scolinos, had argued in their lawsuit earlier this year that the Judicial Conference’s duties are “executive functions” and functions they allege must be supervised by executive officers “who are appointed and accountable to other executive officers.” 

Courts “definitively do not create agencies to exercise functions beyond resolving cases or controversies or administratively supporting those functions,” the group had argued.

The U.S. Judicial Conference is the national policymaking body for the courts. Overseen by the chief justice, it issues policy recommendations and reports to Congress as needed.

TRUMP IS THREATENING TO ‘FEDERALIZE’ DC WITH NATIONAL GUARD AND MORE. HERE’S HOW THAT COULD PLAY OUT 

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The U.S. Supreme Court building is seen in Washington, D.C. ((Nicolas Economou/NurPhoto via Getty))

The Administrative Office for the U.S. Courts, meanwhile, operates under the guidance and supervision of the Judicial Conference. Its role is to provide administrative support to the federal courts on certain administrative issues and for day-to-day logistics, including setting budgets and organizing data, among other things.

The news comes as President Donald Trump, in his first year back in the White House, has relied heavily on executive orders to advance his agenda — a strategy that has accelerated implementation of campaign promises but also prompted a surge of legal challenges.

 

Trump’s actions sparked hundreds of federal lawsuits this year alone, sending tensions skyrocketing between the executive branch and the courts, including federal judges who have blocked or paused some of Trump’s biggest priorities in his second term. 

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Contributor: Who can afford Trump’s economy? Americans are feeling Grinchy

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Contributor: Who can afford Trump’s economy? Americans are feeling Grinchy

The holidays have arrived once again. You know, that annual festival of goodwill, compulsory spending and the dawning realization that Santa and Satan are anagrams.

Even in the best of years, Americans stagger through this season feeling financially woozy. This year, however, the picture is bleaker. And a growing number of Americans are feeling Grinchy.

Unemployment is at a four-year high, with Heather Long, chief economist at Navy Federal Credit Union, declaring, “The U.S. economy is in a hiring recession.” And a new PBS News/NPR/Marist poll finds that 70% of Americans say “the cost of living in the area where they live is not very affordable or not affordable at all.”

Is help on the way? Not likely. Affordable Care Act subsidies are expiring, and — despite efforts to force a vote in the House — it’s highly likely that nothing will be done about this before the end of the year. This translates to ballooning health insurance bills for millions of Americans. I will be among those hit with a higher monthly premium, which gives me standing to complain.

President Trump, meanwhile, remains firmly committed to policies that will exacerbate the rising cost of getting by. Trump’s tariffs — unless blocked by the Supreme Court — will continue to raise prices. And when it comes to his immigration crackdown, Trump is apparently unmoved by the tiresome fact that when you “disappear” workers, prices tend to go up.

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Taken together, the Trump agenda amounts to an ambitious effort to raise the cost of living without the benefit of improved living standards. But if your money comes from crypto or Wall Street investments, you’re doing better than ever!

For the rest of us, the only good news is this: Unlike every other Trump scandal, most voters actually seem to care about what’s happening to their pocketbooks.

Politico recently found that erstwhile Trump voters backed Democrats in the 2025 governor’s races in New Jersey and Virginia for the simple reason that things cost too much.

And Axios reports on a North Carolina focus group in which “11 of the 14 participants, all of whom backed Trump last November, said they now disapprove of his job performance. And 12 of the 14 say they’re more worried about the economy now than they were in January.”

Apparently, inflation is the ultimate reality check — which is horrible news for Republicans.

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Trump’s great talent has always been the audacity to employ a “fake it ‘till you make it” con act to project just enough certainty to persuade the rest of us.

His latest (attempted) Jedi mind trick involves claiming prices are “coming down tremendously,” which is not supported by data or the lived experience of anyone who shops.

He also says inflation is “essentially gone,” which is true only if you define “gone” as “slowed its increase.”

Trump may dismiss the affordability crisis as a “hoax” and a “con job,” but voters persist in believing the grocery scanner.

In response, Trump has taken to warning us that falling prices could cause “deflation,” which he now says is even worse than inflation. He’s not wrong about the economic theory, but it hardly seems worth worrying about given that prices are not falling.

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Apparently, economic subtlety is something you acquire only after winning the White House.

Naturally, Trump wants to blame Joe Biden, the guy who staggered out of office 11 months ago. And yes, pandemic disruptions and massive stimulus spending helped fuel inflation. But voters elected Trump to fix the problem, which he promised to do “on Day One.”

Lacking tangible results, Trump is reverting to what has always worked for him: the assumption that — if he confidently repeats it enough times — his version of reality will triumph over math.

The difficulty now is that positive thinking doesn’t swipe at the register.

You can lie about the size of your inauguration crowd — no normal person can measure it and nobody cares. But you cannot tell people standing in line at the grocery store that prices are falling when they are actively handing over more money.

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Pretending everything is fine goes over even worse when a billionaire president throws Gatsby-themed parties, renovates the Lincoln Bedroom and builds a huge new ballroom at the White House. The optics are horrible, and there’s no doubt they are helping fuel the political backlash.

But the main problem is the main problem.

At the end of the day, the one thing voters really care about is their pocketbooks. No amount of spin or “manifesting” an alternate reality will change that.

Matt K. Lewis is the author of “Filthy Rich Politicians” and “Too Dumb to Fail.”

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