The Justice Department has filed several documents with the Supreme Court, alleging that federal judges have exceeded their constitutional authority. In contrast, lower courts have critiqued the Trump administration’s broad interpretation of presidential power.
The administration is urging the Supreme Court to take action in three cases that it claims are hindering President Donald Trump’s objectives, including one case that requires the re-employment of thousands of federal workers who were previously dismissed.
The most recent submission, made on Friday, addresses the administration’s concerns regarding a judge who temporarily halted deportations following Trump’s invocation of the Alien Enemies Act, an infrequently used law from the 18th century. Lawyers argued that the judge overstepped his bounds and expressed frustration over the rising number of temporary restraining orders issued by federal judges due to legal challenges to Trump’s far-reaching initiatives.
In a separate case, the administration sought Supreme Court intervention regarding the cancellation of millions of dollars in education grants by Trump officials. After a Massachusetts federal judge ordered the Education Department to resume payments while a lawsuit is underway, the administration appealed to the Supreme Court, stating that the justices should quickly end the “unconstitutional reign” of federal district courts acting as self-appointed overseers of Executive Branch funding and grant allocation decisions.
Trump’s Legal Challenges in Appeals Courts
Following numerous unfavorable rulings at the district court level, the Justice Department has experienced limited success in the appeals courts as well.
The U.S. Circuit Court of Appeals for D.C. rejected Trump’s claim that judges lack the authority to review his use of the 1798 Alien Enemies Act to deport Venezuelan immigrants believed to be gang members. The three-judge panel ruled that the temporary ban on such deportations could remain in effect.
During a hearing on Monday, one of the judges, Patricia Millett, expressed due process concerns, pointing out that the administration had not allowed deportees to contest allegations of gang affiliation before being sent to a prison in El Salvador.
“Nazis received better treatment under the Alien Enemy Act” during its last invocation in World War II, Millett remarked.
The 9th U.S. Circuit Court of Appeals also upheld a preliminary injunction on Wednesday that mandates the reinstatement of thousands of terminated probationary workers.
Both rulings were decided by 2-1 votes, with the dissenting opinions coming from Trump appointees from his initial term.
Meanwhile, the 1st U.S. Circuit Court of Appeals denied the administration’s request to suspend a court order that halted a partial freeze on federal funding. The ruling was a unanimous 3-0 decision. The administration had aimed to prevent the preliminary injunction from taking effect during the appeal.
However, the week concluded positively for the administration, as the D.C. appellate court temporarily stayed two lower court rulings that had restored Cathy Harris to the Merit Systems Protection Board and Gwynne Wilcox to the National Labor Relations Board, positions Trump had sought to eliminate.
Transgender Military Ban Temporarily Blocked — Twice
Federal judges in two states have ruled against the Defense Department’s new guidance designed to effectively bar transgender individuals from military service.
In a striking decision, U.S. District Judge Ana Reyes denied the administration’s motion to lift her earlier preliminary injunction, asserting that the guidance from Defense Secretary Pete Hegseth discriminated against transgender individuals by labeling exclusions as related to “gender dysphoria,” a recognized medical condition.
The judge dismissed this defense as insufficient.
“Defendants cannot avoid discriminating against transgender individuals simply by claiming the policy targets gender dysphoria,” she stated.
“A medical condition has not served its country for decades, nor has it deployed into combat zones globally or earned numerous accolades. People have. A medical condition has not confronted terrorism or parsed intelligence. People have. A medical condition has not faced accusations of lacking warrior ethos or been stigmatized as dishonorable, dishonest, and undisciplined. People have,” she emphasized. “Transgender people.”
Reyes’ observations were mirrored in a preliminary injunction issued in Washington state in a related case concerning transgender service members threatening discharge.
“This newly established ‘Hegseth Policy’ carefully avoids using the term ‘transgender’—it is absent from the policy. However, common sense and binding legal standards counter the government’s assertion that it does not discriminate against transgender individuals,” U.S. District Judge Benjamin Settle wrote.
The administration plans to appeal both verdicts.
Signal Chat Controversy Moves to Court
U.S. District Judge James Boasberg, overseeing the Alien Enemies Act case, heard arguments in another contentious matter this week: the administration’s use of the messaging app Signal to discuss details of a U.S. military operation in Yemen prior to its execution. This group chat became public knowledge when the editor-in-chief of The Atlantic was inadvertently included, with participants reportedly including Hegseth, Vice President JD Vance, national security adviser Mike Waltz, CIA Director John Ratcliffe, Director of National Intelligence Tulsi Gabbard, and Treasury Secretary Scott Bessent.
Boasberg has ordered the involved federal agencies to “preserve all Signal communications between March 11 and March 15,” coinciding with the time of the military strike.
This order follows a lawsuit from the watchdog group American Oversight, which aims to ensure that these communications are preserved according to the Federal Records Act.
The Treasury Department has confirmed it has already located some messages, while the Defense Department indicated ongoing efforts to comply with the directive.
The judge has instructed the administration to submit a status report by Monday.
