Trump Administration Pursues 3 Policies After Court Losses, Using 'Legalistic Noncompliance'
Updated
Updated · The New York Times · Aug 13
Trump Administration Pursues 3 Policies After Court Losses, Using 'Legalistic Noncompliance'
2 articles · Updated · The New York Times · Aug 13
Summary
Three Supreme Court defeats on tariffs, the Federal Reserve and birthright citizenship have not halted President Donald Trump’s agenda, with the administration pressing ahead through what legal experts call “legalistic noncompliance.”
White House spokeswoman Lauren Bis said all post-ruling actions are consistent with the court’s holdings and analysis, preserving a formal stance of compliance even as Trump says other paths remain open.
John Sauer, the solicitor general, made a similar argument to the justices in an earlier birthright-citizenship case, underscoring a strategy of avoiding open defiance that could trigger a constitutional crisis.
Daniel Deacon and Leah Litman, writing in the Duke Law Journal, describe the approach as using legal language to mask bad-faith efforts to evade judicial orders.