Quantcast
Connect with us

Trump is losing federal court cases at an unprecedented rate due to sloppiness and absence of facts in filings: report

Published

on

According to a report at the Washington Post, the administration of Donald Trump has a stunning fail rate when it comes  to getting his policies implemented without federal judges smacking them down because they don’t meet minimums of legal reasoning.

Reporting on a database compiled by the Institute for Policy Integrity at the New York University School of Law, the Post reports that “the normal ‘win rate’ for administration officials to get new policies implemented with court approval is 70 percent. Under Trump, it has fallen to an almost non-existent 6 percent.

ADVERTISEMENT

The report notes that administration lawyers are being hamstrung by having to present cases handed to them by policymakers that are woefully short on both facts and reasoning.

“In case after case, judges have rebuked Trump officials for failing to follow the most basic rules of governance, including providing legitimate explanations for shifts in policy, supported by facts and, where required, public input,” the Post reports, adding, “The rulings so far paint a remarkable portrait of a government rushing to implement sweeping changes in policy without regard for longstanding rules against arbitrary and capricious behavior.

While pointing out that many of the losses are under appeal, the report notes that there seems to be little interest at times in actually succeeding on policies that appear to have been done for show.

According to Seth Jaffe, a Boston-based lawyer who represents large corporations looking to undercut environmental laws, “This administration has given regulatory reform a bad name.”

ADVERTISEMENT

The attorney accused some policymakers in the administration of putting ideology way before governance — which is why they are going down to defeat at a record pace.

“It’s not just that they’re losing. But they’re being so nuts about it,” Jaffe lamented.

Matthew Collette, the former deputy director of the Justice Department’s Civil Division appellate staff who served for over 30 years, admitted the rate of losses is unprecedented, remarking. “I don’t think there’s any doubt about that.”

ADVERTISEMENT

In a case over the Trump’ administrations plan to end some $200 million in Health and Human Services grants to 81 teen-pregnancy-prevention programs, one judges was incredulous at the government argument for pulling the plug.

“During a hearing in Washington last April, U.S. District Judge Ketanji Brown Jackson expressed incredulity about the manner in which the agency had acted,” the Post reports. “Can an agency suddenly say ‘too bad, so sad,’ Jackson asked a lawyer for the government, and cut off money without cause? When the lawyer answered yes, the judge called the situation ‘weird’ and ordered the grants restored.”

In another case asking for the government to be let off the hook for environmental cleanups, another judge was equally harsh because the administration never asked for public input as dictated by the law.

ADVERTISEMENT

“U.S. District Judge David Norton of South Carolina, an appointee of President George H.W. Bush, gave the Trump administration a tongue-lashing, calling its approach ‘evasive,’ in addition to being ‘arbitrary and capricious’,” the report states.

According to Jonathan Adler, a Case Western Reserve University law professor who feels there are too many regulations, “If your goal is to change policy, the little extra time” to explain “is worth it. Various administrations don’t always like that lesson — this administration more than most.”

You can read more here.

ADVERTISEMENT

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and legal efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. And unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from billionaires and corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you. Click to donate by check.

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



Report typos and corrections to: [email protected]. Send news tips to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Breaking Banner

Trump responds to China raising tariffs — by raising tariffs on over half a trillion dollars in Chinese goods

Published

on

Continue Reading

Breaking Banner

MSNBC anchor blasts Trump’s ‘lunacy’ after ‘a Twitter tirade that sent the Dow spiraling’

Published

on

The New York Stock Exchange closed down over 600 points on Friday as President Donald Trump's trade war with China escalated.

MSNBC anchor John Heilemann said, "we’re hours away for the president taking off to the G7 summit in Bairritz, France, where allies are bracing for the Trump-fueled mayhem that is now 100% certain to ensue, with Trump like a drunken traveler in the departure lounge about to take a trip that he dreads, already sewing global chaos, days-long public meltdown typically moved from words to actions."

"Donald Trump beginning this day with a Twitter tirade that sent the Dow spiraling, closing down more than 600 points today and escalating his trade war with China with these norm-shattering, power-abusing words in this tweet," he said, putting the tweet on-screen.

Continue Reading
 

Breaking Banner

‘Making things worse’: National Farmer’s Union chief unloads on Trump in blistering statement on trade war

Published

on

Roger Johnson, the president of the National Farmers Union, delivered a blistering rebuke to President Donald Trump after he responded to new tariffs from China by issuing a purported "order" telling American companies to look for alternative places to manufacture their goods.

In an official statement, Johnson pointed out that farmers so far have felt the brunt of the president's trade war, as China has slapped heavy tariffs on key agricultural products such as soybeans.

He also crushed the president for failing to make any progress on reopening the Chinese market to American goods.

Continue Reading
 
 

Thank you for whitelisting Raw Story!

As a special thank you, from now until August 31st, we're offering you a discounted rate of $5.99/month to subscribe and get ad-free access. We're honored to have you as a reader. Thank you. :) —Elias, Membership Coordinator
LEARN MORE
close-link
close-image