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Trump 2.0 in court

28 March 2025 / Michael Zander KC
Issue: 8110 / Categories: Features , Profession , International , Rule of law
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Will Trump’s project be seriously threatened by the courts, & if not, what will that mean for the rule of law? Michael Zander KC reports
  • Many of the executive orders handed down so far by President Trump are being challenged as unconstitutional, unlawful, or both.

The torrent of far-reaching executive orders unleashed by President Trump is being met by a barrage of defensive lawsuits challenging their legality as unconstitutional, contrary to federal legislation or both.

The stakes are high. Will Trump’s project be seriously threatened by the courts? Will the administration abide by the courts’ decisions and, if not, what of the rule of law? Or will the litigation be neutered by the Supreme Court?

Legal action

To get a picture of the cases nationwide and their progress, see Just Security's ‘Litigation Tracker: Legal Challenges to Trump Administrative Actions’, giving the name of each case, the date it was filed, by whom, what it is about and any developments. As of 25 March, there were

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

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Freeths—Melanie Stancliffe

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Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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