The World Between Us
The executive branch’s record in federal courts was characterized by a strikingly low success rate compared to historical averages. While previous administrations typically prevailed in approximately 70% of legal challenges to their actions, this administration's success rate in lower courts was reported to be between 5% and 23%. This pattern of legal defeat was consistent across numerous policy areas, including environmental protection, health care, and immigration.A primary cause for these defeats was the failure of officials to follow procedural requirements mandated by the Administrative Procedure Act. Judges frequently rebuked the administration for attempting to delay, modify, or repeal existing regulations without providing a well-reasoned explanation supported by facts or allowing for public notice and comment. This approach to governance, sometimes described as "regulatory slop," often involved agencies ignoring their own underlying records or failing to account for the societal costs of forgoing the benefits of previous policies.Furthermore, courts often determined that executive actions exceeded statutory authority granted by Congress. Many legal losses were tied to what was described as a significant expansion of presidential power, with the administration attempting to consolidate control over the executive branch and assume powers traditionally held by other branches of government. High-profile examples of these failures include the determination that the justification for adding a citizenship question to the national census was "contrived" and the finding that the administration failed to provide an adequate explanation for ending the Deferred Action for Childhood Arrivals (DACA) program.In contrast to its record in lower courts, the administration saw significant success at the Supreme Court, particularly through the use of the shadow docket. This emergency docket allows the high court to issue interim rulings quickly, often without oral arguments or detailed explanations. The administration sought such relief at an unprecedented rate, filing dozens of emergency applications to halt lower court injunctions that had blocked executive orders. The Supreme Court ruled in the administration's favor approximately 80% of the time on these matters, effectively allowing policies to proceed even when lower courts had determined they likely violated the law.These legal battles created a challenging climate for government lawyers and the judiciary. Judges appointed by both major political parties expressed skepticism toward government representations, and the traditional "presumption of regularity"—the assumption that the government is acting in good faith—was frequently forfeited. As a result of frequent losses, the executive branch ratcheted up attacks on individual judges, labeling them as "crooked" or "rogue". Experts warned that these attacks, combined with the administration's efforts to prosecute political foes and disregard scientific expertise, represented a significant challenge to the rule of law and the independence of the federal judiciary.The long-term impact of these rulings may make it more difficult for future administrations to deregulate. By establishing legal precedents that require agencies to explain and seek public comment on rule delays, the courts have reinforced procedural standards that future executives must meet. These outcomes suggest that while the executive branch has significant leeway to implement its agenda, that power remains constrained by the necessity of providing reasoned, legally sound justifications for changing national policy. Become a supporter of this podcast: https://www.spreaker.com/podcast/the-world-between-us--6886561/support [https://www.spreaker.com/podcast/the-world-between-us--6886561/support?utm_source=rss&utm_medium=rss&utm_campaign=rss].
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