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In court fights over policy, Trump officials rack up an extraordinary record of defiance

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In court fights over policy, Trump officials rack up an extraordinary record of defiance
News

News

In court fights over policy, Trump officials rack up an extraordinary record of defiance

2026-05-02 12:03 Last Updated At:12:20

When a federal judge shot down a Trump administration policy of holding immigrants without bond last December, it seemed like a serious blow to the president's mass deportation effort.

Instead, a top Justice Department official insisted the ruling wasn't binding, and the administration continued denying detainees around the country a chance for release.

By February, the district court judge, Sunshine Sykes, was fed up. Sykes, a nominee of President Joe Biden, accused Trump officials in a ruling that month of seeking “to erode any semblance of separation of powers,” adding that they could “only do so in a world where the Constitution does not exist.”

Hardly isolated, the case illustrates a broader pattern of defiance of lower court decisions in President Donald Trump's second term.

The failure of Trump officials to follow court orders has been highlighted most notably in individual immigration cases. But a review of hundreds of pages of court records by The Associated Press also shows an extraordinary record of violations in lawsuits over policy changes and other moves.

The Republican administration's power struggle with federal courts — which is testing basic tenets of U.S. democracy — reflects an expansive view of executive authority that has also challenged the independence of federal agencies, a president’s ethical obligations, and the U.S.’s role in the international order.

In the second Trump administration’s first 15 months in office, district court judges ruled it was violating an order in at least 31 lawsuits over a wide range of issues, including mass layoffs, deportations, spending cuts and immigration practices, the AP’s review of court records found. That’s about one out of every eight lawsuits in which courts have at least temporarily blocked the administration’s actions.

The White House's aggressive policy moves have prompted a barrage of lawsuits — more than 700 and counting.

The violations in the 31 lawsuits are in addition to more than 250 instances of noncompliance judges have recently highlighted in individual immigration petitions — from failing to return property to keeping immigrants locked up past court-ordered release dates.

Legal scholars and former federal judges said they could recall at most a few violations of court rulings over the full four-year terms of other recent presidential administrations, including Trump's first time in office. They also noted previous administrations were generally apologetic when confronted by judges; the Trump administration's Justice Department has been outright combative in some cases.

“What the court system is experiencing in the last year and a half is just qualitatively completely different from anything that’s preceded it,” said Ryan Goodman, a law professor at New York University who studies federal courts and is tracking litigation against the Trump administration.

Though Trump officials eventually backed down in about a third of the 31 lawsuits, legal experts say their treatment of court orders poses serious dangers.

“The federal government should be the institution most devoted to the rule of law in this country,” said David Super, a constitutional law scholar at Georgetown University. “When it ceases to feel itself bound, respect for the rule of law is likely to break down across the country.”

The AP’s review also found that higher courts, including the Supreme Court, overruled the district courts and sided with the White House in nearly half of the 31 cases. Critics say those decisions are emboldening the administration to ignore judges' orders.

White House spokeswoman Abigail Jackson said the higher courts had overturned “unlawful district court rulings.” The administration will “continue to comply with lawful court rulings,” she added in a written statement.

“President Trump’s entire Administration is lawfully implementing the America First agenda he was elected to enact,” the statement said.

Among other instances of noncompliance, judges found the White House defied rulings when it deported scores of accused gang members to a notorious prison in El Salvador, withheld billions of dollars in foreign aid and failed to restore programming at the Voice of America. The three cases date to the first few months of the new administration, but judges have continued to find violations since then, including in two cases in April.

“The danger is that this gets normalized,” said JoAnna Suriani, counsel at the nonpartisan group Protect Democracy, which is tracking noncompliance cases. The group is also involved in litigation against the administration.

In October, U.S. District Judge William Smith took little time to conclude Homeland Security officials were flouting one of his orders. Smith, a nominee of George W. Bush, had blocked them from making billions of dollars in disaster relief funding to states contingent on cooperation with the president's immigration priorities.

DHS responded by keeping the immigration requirement on some grants, but making it contingent on a higher court overriding Smith’s injunction. The judge called the move “ham-handed” and said DHS was trying to “bully the states.”

In a case over the suspension of refugee admissions, U.S. District Judge Jamal Whitehead, a Biden nominee, accused the Justice Department last May of “hallucinating new text” in an appellate court order and “rewriting” it to achieve the government's preferred outcome.

In four additional cases the AP reviewed, judges stopped short of a clear written finding of noncompliance but still criticized the administration’s response to their orders.

Of the judges who have confirmed violations, 22 were appointed by Democratic presidents and 7 by Republican presidents.

Former federal judges Jeremy Fogel and Liam O’Grady said judges are losing trust in the integrity of the Department of Justice.

That’s making them “more aggressive in accusing the government of bad faith,” said O’Grady, who along with Fogel is now part of the nonpartisan democracy group, Keep Our Republic.

Fogel said judges are also getting frustrated.

“They make orders and the orders don’t get complied with and then they have to inquire why the orders are not being complied with, and that’s where it gets very mushy and very political,” he said.

In Eureka, California, school administrator Lisa Claussen is worried about the impact on her students’ mental health if a judge does not find the Education Department in violation of a court order on federal grants.

Grant money allowed the school district in the poor coastal community in Northern California to hire more than a dozen psychologists and social workers to help students struggling with drug use and suicidal thoughts.

Education officials in the Trump administration told schools in California and other states last year that it was discontinuing the grants; the administration opposed diversity considerations in the grant process.

U.S. District Judge Kymberly Evanson blocked the move permanently in December, but California and 15 other states now say the administration is making an end run around her injunction by imposing new rules, including an initial limit of six months of funding.

Attorneys for the Education Department said they wanted to see whether schools were making progress on performance goals before releasing additional funds. The judge's order did not block the six-month limit, they added in a court filing.

Evanson, a Biden nominee, has yet to rule.

In the absence of a one-year funding guarantee, Eureka City Schools and other districts say they have already issued layoff notices to mental health providers or eliminated positions.

“We have many kids who don’t trust adults for very good reason and to be able to just swipe this grant like they’re doing ...” Claussen said in a phone interview, her voice trailing off. “We didn’t do anything wrong.”

In court filings, Justice Department attorneys have generally disputed accusations the government was not complying. They have argued over the meaning of words, cited favorable appellate court rulings and said they were acting outside the scope of the court’s order, among other legal maneuvering.

Outside of court, Trump and White House officials have railed against federal judges. Vice President JD Vance has even suggested the president could ignore court orders.

Will Chamberlain, senior counsel with the conservative legal advocacy group The Article III Project, said many of the judges who have found violations are ignoring laws that clearly prohibit their rulings.

Trump officials are “generally complying, appealing and winning,” he said. “If they were defying orders left and right, they’d be losing them.”

In March, a federal appeals court ruled Sykes, the judge in California, had likely exceeded her authority in requiring bond hearings nationwide and blocked her February decision.

The outcome was not unusual.

In 15 of the 31 lawsuits the AP reviewed, an appellate court or the Supreme Court either allowed the administration's underlying policy, limited the district court's efforts to correct or punish the noncompliance, or both.

Supreme Court Associate Justice Sonia Sotomayor criticized her fellow justices after one such ruling.

“This is not the first time the Court closes its eyes to noncompliance, nor, I fear, will it be the last,” she wrote in June in a dissent joined by the court's two other liberal justices. “Yet each time this Court rewards noncompliance with discretionary relief, it further erodes respect for courts and for the rule of law.”

Associated Press writer Michael Casey in Boston contributed.

President Donald Trump walks on the South Lawn upon his arrival to the White House, Friday, April 17, 2026, in Washington. (AP Photo/Jose Luis Magana)

President Donald Trump walks on the South Lawn upon his arrival to the White House, Friday, April 17, 2026, in Washington. (AP Photo/Jose Luis Magana)

A Supreme Court decision striking down a majority Black congressional district in Louisiana has amplified an already intense national redistricting battle by providing Republican officials in several states new grounds to redraw voting districts.

In Alabama, Republican Gov. Kay Ivey announced Friday that she is calling a special legislative session to begin Monday in hopes that the Supreme Court allows the state to change its U.S. House map ahead of the November midterm elections. In Tennessee, Republican Gov. Bill Lee also announced a special session for the GOP-controlled Legislature to break up the state's one Democratic-held House district, centered on the majority-Black city of Memphis.

Louisiana already has suspended its May 16 congressional primary to allow time for lawmakers to approve new U.S. House districts, though that is being challenged in court. Meanwhile, President Donald Trump is pressuring other states such as Tennessee to also redistrict ahead of the midterm elections that will determine whether Republicans maintain control of the closely divided House.

Trump urged Texas Republicans last year to redraw U.S. House districts to give the party an advantage. Democrats in California responded by doing the same. Then other states joined the battle. Lawmakers, commissions or courts have adopted new House districts in eight states.

That total could grow following the Supreme Court’s decision that significantly weakened a provision in the federal Voting Rights Act.

Here’s a look at how some states are responding to the Supreme Court ruling:

Current House map: two Democrats, four Republicans

Early in-person voting was to begin Saturday for Louisiana’s primaries. But Republican Gov. Jeff Landry moved quickly Thursday to postpone the congressional primary while allowing elections for other offices to go forward.

A federal lawsuit filed later Thursday, on behalf of a Democratic congressional candidate and voter, asked a court to block Landry’s order and allow the House primary to occur as originally scheduled. Two more lawsuits asserting that the congressional primary should go forward were filed Friday in state court on behalf of voters who already had cast absentee ballots and several civil rights organizations.

Among other things, the lawsuits contend that Landry lacked authority to suspend the primary and that thousands of absentee ballots already have been mailed to people, with a substantial number filled out and returned.

District court judges in Baton Rouge late Friday denied requests in two of those cases to temporarily block Landry’s executive order.

Separately, a three-judge federal court panel that heard the case that was appealed to the Supreme Court also issued an order Thursday suspending Louisiana’s congressional primary.

Republican state House and Senate leaders said they are prepared to pass new U.S. House districts — and set a new primary election date — before their legislative session ends in a month.

Current House map: two Democrats, five Republicans

The state’s primaries are set for May 19. But Alabama officials on Thursday filed an emergency motion with the Supreme Court seeking an expedited review of a pending appeal in a redistricting case that could affect the election.

A federal court in 2023 ordered the creation of a new near majority-Black district in Alabama, resulting in the election of a second Black representative to the U.S. House. Alabama is under a court order to use the new map until after the next census in 2030.

An appeal pending before the Supreme Court argues that the map is an illegal racial gerrymander, a claim similar to that made in Louisiana.

The state is seeking to lift an injunction blocking the use of a 2023 map drawn by the Republican-controlled Legislature that did not include the new district. The state is making a similar request for two state Senate districts impacted by a separate redistricting case.

Ivey said the special legislative session will focus on a contingency plan to have special primary elections in case the Supreme Court acts quickly enough to allow Alabama’s previously drawn districts to be used this year.

Current House map: eight Democrats, 20 Republicans

Hours after the Supreme Court’s decision, Florida’s Republican-led Legislature approved new U.S. House districts that could help the GOP win up to four additional seats in November.

Republican Gov. Ron DeSantis called a special legislative session without knowing when the Supreme Court would issue its opinion in the Louisiana case. But DeSantis expressed confidence that the court would rule as it did. Among other things, the new map reshapes a southeastern Florida district that DeSantis said was created to help elect a Black representative in an attempt to comply with the federal Voting Rights Act.

A Florida constitutional amendment approved by voters in 2010 prohibits districts from being drawn to deny or diminish the ability of racial or language minorities to elect the representatives of their choice. DeSantis said he considers that amendment a violation of the U.S. Constitution. That question is expected to be decided by the courts.

Lee announced the special session in a statement late Friday afternoon, saying, “We owe it to Tennesseans to ensure our congressional districts accurately reflect the will of Tennessee voters.”

That came after a pressure campaign by Trump and other Republicans to reconfigure the state's 9th Congressional District. Republicans have always been checkmated by the Voting Rights Act in their desire to spread the district's Democratic voters around neighboring conservative districts and make it winnable, but the law may no longer be an impediment.

The candidate qualifying period ended in March, and the primary election is scheduled for Aug. 6. Democrats noted that in 2022 the state supreme court checked additional redistricting because it was too close to an election. They argued that the court is their best hope this time around too.

“We cannot keep doing things like this and calling ourselves a democracy, Democratic State Sen. Ramesh Akbari said at a news conference outside the Civil Rights Museum in Memphis, which includes the structure of the motel where the Rev. Martin Luther King Jr. was assassinated in 1968.

Current House map: one Democrat, three Republicans

Mississippi held its U.S. House primaries in March. But the Supreme Court’s decision could affect elections for other offices.

Republican Gov. Tate Reeves announced previously that he would call a special legislative session to redraw voting districts for the state Supreme Court that would begin 21 days after the U.S. Supreme Court ruled in the Louisiana case. That would put the special session's start at around May 20.

A federal judge last year ordered Mississippi to redraw its Supreme Court voting districts after finding that they violated the Voting Rights Act by diluting the power of Black voters. Mississippi lawmakers had been waiting on a decision in the Louisiana case before moving forward, but their legislative session ended in April.

Reeves said in his proclamation that the Supreme Court’s decision would provide guidance to lawmakers on whether “race-conscious redistricting” violates the U.S. Constitution.

Current House map: five Democrats, nine Republicans

Early in-person voting began April 27 and continues for the next few weeks ahead of Georgia’s primary elections on May 19.

Republican Gov. Brian Kemp said it’s too late for Georgia officials to try to change congressional districts for this year’s elections, because voting already is underway. But he said the rationale in the Supreme Court’s decision “requires Georgia to adopt new electoral maps before the 2028 election cycle.”

Associated Press writers Jeff Amy, Jack Brook, Travis Loller, Nicholas Riccardi and Kim Chandler contributed to this report.

FILE - The U.S. Supreme Court is seen in Washington, Friday, April 3, 2026. (AP Photo/Rahmat Gul, File)

FILE - The U.S. Supreme Court is seen in Washington, Friday, April 3, 2026. (AP Photo/Rahmat Gul, File)

A person walks past a voting sign during the first day of early voting for the primary elections at the Dunwoody Library in Atlanta, Monday, April 27, 2026. (Miguel Martinez/Atlanta Journal-Constitution via AP)

A person walks past a voting sign during the first day of early voting for the primary elections at the Dunwoody Library in Atlanta, Monday, April 27, 2026. (Miguel Martinez/Atlanta Journal-Constitution via AP)

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