Trump Keeps Losing In Court—But the Fight Is Long From Over

A win for justice, a recognition that organizing works, but a warning that Trump's extremism is only accelerating

In recent weeks, Donald Trump has faced a series of significant legal setbacks, and it’s important we celebrate these wins. These wins underscore that despite his attacks on the judiciary, the resilience of our judicial system is pulling through on critical matters. It also speaks to the power of civic activism and social push for accountability, especially as our most basic rights like free speech and due process are under attack.

Likewise, the battle to protect our basic rights is far from over. So, while celebrating these wins, it’s equally critical we recognize how Trump is advancing his fascist view of the world—and stand united against it. Let’s Address This.

Donald Trump. Credit: Euronews

Courts Repeatedly Block Trump’s Fascism

These wins not only highlight the checks and balances inherent in American democracy but also serve as a rallying cry for continued vigilance against authoritarian overreach. Here are seven major recent legal wins the American people have so far enjoyed against the Trump regime.

1. Protecting the Department of Education: Donald Trump has made clear that he “loves the poorly educated.” It’s why he’s prioritized dismantling the Department of Education, which he’s tried to do via Executive Order. This week, a Federal Judge blocked his vision of an ignorant society, and forbade him from dismantling the Dept of Ed. U.S. District Judge Myong Joun wrote:

   "The record abundantly reveals that defendants' true intention is to effectively dismantle the department without an authorizing statute…[the] massive reduction in staff has made it effectively impossible for the department to carry out its statutorily mandated functions."

   The fight is not over yet, as Trump will likely appeal to the Supreme Court, but this is a win and speaks to the power of collective activism against the Trump regime.

2. Kilmar Abrego Garcia Case: In a unanimous 9-0 decision, the Supreme Court ruled that the Trump administration must facilitate the return of Kilmar Abrego Garcia, a Maryland resident wrongfully deported under the Alien Enemies Act. The Court emphasized the necessity of due process, stating that the administration's actions lacked legal justification. Unfortunately, the Trump regime has refused to act on this order, which speaks to the fact that this man does not care about law and order, but about absolute power.

3. Mohsen Mahdawi and Rümeysa Öztürk: These are actually two major wins. Federal courts ordered the release of Columbia University student Mohsen Mahdawi and Tufts University doctoral candidate Rümeysa Öztürk, both detained for their peaceful and entirely legal political expressions. Judges found their detentions violated constitutional rights, reinforcing the principle that free speech must be protected. The courts rejected claims by Marco Rubio that their public criticism of U.S. foreign policy somehow “harmed” the nation’s national security interests.

4. Alien Enemies Act Misapplication: The Supreme Court blocked the Trump administration's attempt to use the 1798 Alien Enemies Act to expedite deportations of Venezuelan migrants, asserting that such actions circumvented due process rights. The Court's decision emphasized that even during times of national concern, constitutional protections cannot be disregarded. Moreover, let’s not ignore the hypocrisy here. Trump wants us to believe that we are experiencing an “invasion” which requires invoking the Alien Enemies Act, while boasting how as President he’s made our boarders the most secure they’ve ever been. Apparently we have Schrödinger's border.

5. Maine's Title IX Dispute: In a victory against anti-Trans discrimination, a federal judge ordered the Trump administration to unfreeze USDA funds to Maine. Trump had withheld these funds over the state's policies on transgender athletes, famously berating the Maine Governor for refusing to comply with his discriminatory orders. The court found the administration's actions lacked legal merit, affirming the state's autonomy in educational matters.

6. Perkins Coie Executive Order: A federal judge struck down an executive order targeting the law firm Perkins Coie, ruling it unconstitutional. The court determined that the order was a retaliatory act against the firm for its political affiliations, violating First Amendment protections. U.S. District Judge Beryl Howell raged against Trump’s grotesque behavior, writing:

   “No American president has ever before issued executive orders like the one at issue. In purpose and effect, this action draws from a playbook as old as Shakespeare, who penned the phrase: ‘The first thing we do, let’s kill all the lawyers.’ [Trump’s act] is unconstitutional retaliation and viewpoint discrimination, plain and simple.”

   As a lawyer myself, it’s good to see a judge champion free speech and free expression and protect lawyers from such grotesque discrimination, rather than try to strike down lawyers as some fascist regimes enable.

7. Blocking Trump’s Ban on Foreign Students: This week the Trump regime issued an Executive Order banning Harvard University from accepting foreign students—numbering nearly 7000 people. No sooner than he did so, but U.S. District Judge Allison Burroughs issued a Temporary Restraining Order overruling that Executive Order. Lawyers for Harvard wrote in their lawsuit:

   “With the stroke of a pen, the government has sought to erase a quarter of Harvard’s student body, international students who contribute significantly to the University and its mission. Without its international students, Harvard is not Harvard.”

   I am hopeful this TRO becomes a permanent ban on Trump’s fascist Executive Order. DHS Secretary Noem stated that “Harvard can regain its ability to host foreign students if it produces a trove of records on foreign students within 72 hours.” Definitely nothing fascist about that. Let me share from my experience as someone who did a 1-year fellowship at Harvard University. I am an immigrant. My faculty advisor at Harvard was Dr. Ali Asani. He is an immigrant. Trump's move to ban Harvard from accepting foreign students is yet another example that it was never about merit—it was always about protecting white mediocrity.

The Power of Collective Action

Even before Trump took office I called on the Democratic Party to prepare an onslaught of lawsuits against each of Trump’s Executive Orders, and force him to fight for every single fascist policy he sought. Many other activists and human rights lawyers made the same call—because we know this is a legal strategy that works. Sadly, the Democratic Party leadership didn’t get the memo, and instead we’re stuck with Senate Minority Leader Chuck Schumer writing “very strong letters.”

Now, the Democratic Party leadership should learn from these wins. These legal victories are not solely the result of courtroom deliberations; they are the culmination of relentless efforts by activists, legal advocates, and concerned citizens. Public demonstrations, advocacy campaigns, and unwavering support for civil liberties have played a pivotal role in challenging and overturning policies that threaten democratic principles. Thank you for helping us get this far, and I encourage you to continue your activism, investment, and consistency—and continue to impress upon Democratic Party leadership to actually take action, instead of simply writing letters.

Concluding on a Cautionary Note

Despite these setbacks, the Trump administration has signaled intentions to further test constitutional boundaries. Trump sycophants have floated potentially suspending habeas corpus to expedite deportations, a move that would fundamentally end America as a republic. Moreover, the grotesque budget reconciliation bill that House Republicans just passed is set to cut $500B from Medicare, $800B from Medicaid, and billions more from basic necessity programs. People will die as a result of these cruel policies. Therefore, we must not let up in our efforts to push back and prevent their passage. We must continue to challenge these injustices within our Constitutional rights in the streets, in the courts, and by winning the messaging battle.

As always, I welcome your support of my advocacy. Your support ensures I have the means and resources to continue to research, make sense of, and communicate to you these updates on the human rights issues that impact us all. Subscribe below, be sure to share these articles, and let’s continue to stand united for justice.