Counting your chickens before they hatch

[mspart]

https://jonathanturley.org/2025/02/19/were-winning-across-the-board-raskin-takes-a-slightly-premature-victory-lap-just-before-a-slew-of-court-losses/

On CBS’s Face the Nation, Rep. Jamie Raskin (D., Md.) repeated the talking point of Democratic politicians and pundits that the courts are stopping President Donald Trump’s lawless actions taken after his inauguration. Raskin declared “we’re winning in court…we’re winning across the board.” The boast was dubious at best on Sunday given earlier losses, but became embarrassing on Monday and Tuesday as additional courts ruled in favor of the Trump Administration in major cases.

For weeks, some of us have expressed confusion over the basis for some of the Democratic challenges and initial injunctions in court. President Trump clearly has the authority to designate federal officials to look at the books and track expenditures in the executive branch. After losing both houses and the majority vote, Democratic groups sought to use the courts to block such executive actions.

There was obvious forum shopping as these groups went to many of the same courts and judges for relief. However, even judges viewed as decidedly hostile to Trump like Judge Tanya Chutkan in Washington ultimately balked at the demand for an injunction and allowed the access and actions to continue.

On Monday, Judge Randolph Moss, of the U.S. District Court for the District of Columbia delivered a blow to groups seeking to block the Department of Government Efficiency from gaining access to data from the Department of Education on student borrowers. Judge Moss found in his ruling that the University of California Student Association failed to show sufficient irreparable harm to receive such immediate relief.

He, however, left the door open a crack: “The Court leaves for another day consideration of whether USCA has standing to sue and has stated a claim upon which relief may be granted. Those questions are less clear cut and are better answered on a more complete record.”

Judge Chutkan also refused to grant the plaintiffs’ request to issue a temporary restraining order of DOGE, again citing the failure to demonstrate evidence of “irreparable harm.”

There was a palpable sense of reluctance, even regret, in the opinion by Chutkan who noted that “Plaintiffs legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight.”

This, of course ignores the “elected individual” in the body of the President who is allowed to delegate such responsibility to subordinates. Chutkin would have been reversed by the higher courts if she had issued the requested TRO as demanded by the coalition of 14 Democratic state attorneys general.

Even before Raskin’s boast, U.S. District Judge John Bates also rejected a request to block DOGE from accessing records of three government agencies, writing in his own opinion Friday that plaintiffs “have not shown a substantial likelihood that [DOGE] is not an agency.”

Likewise, challengers thought that they had a victory in hand when U.S. District Court Judge George O’Toole enjoined the buyout offer by the Administration. Some of us criticized the injunction as lacking any cognizable basis given the clear authority of the President to make such an offer. Then, as many were citing the victory as proof of the Trump Administration’s unlawful actions, Judge O’Toole lifted the injunction on the buyout program, agreeing to allow the buyouts to go forward.

Then Judge Randolph Moss (D.D.C.) in Doe v. Office of Personnel Mgmt. rejected another challenge to testing by the Office of Personnel Management (“OPM”) of a new email system. The federal employees argued that the move violated federal law including privacy protections. The court, however, ruled that the “Plaintiffs have failed to carry their burden of demonstrating (1) that they likely have standing to bring this action, and (2) that they are likely to suffer irreparable injury in the absence of emergency relief.”

These and other setbacks do not mean that new cases cannot be brought with new records and parties. However, it is a far cry from the claim of Democrats “winning across the board.”

The race is far from over so both sides may want to stay focused on the finish line in the ongoing litigation.

Those claiming unconstitutional actions by the admin should note that the admin has won their cases so far. 

mspart