The Trump Administration Wins Again
Trump's legal teams keep quietly notching win after win in Court. Here are a few more.
I suppose doom and gloom sells newspapers and gets clicks, because the media, including conservative media, trip all over themselves highlighting the Trump Administration’s set backs in federal court. The Trump Administration’s wins in federal court get much less attention. Nevertheless, the Trump Administration keeps chalking up wins in this endless sea of litigation. Some of these wins are huge. Here are a couple more.
The Migrant “Parole” Case
I previously wrote about the immigration disaster that was the Biden Regime and about the host of actions Biden took to undermine our immigration system. One of the actions former President Biden took to worsen the immigration disaster he created was granting “parole” to over one million migrants from selected countries. This screenshot from my earlier article highlights the issue:
Readers will note from the diagram that over 400,000 people were “paroled” by the Biden Regime under the “Cuban, Hatian, Nicaraguan and Venezuelan” parole program, though current reports place the number at well over 500,000.
A great article about the Biden Regime’s dubious “parole” program was published by The Daily Caller:
As one immigration expert described in the article:
President Trump moved swiftly on his first day in office to end these ridiculous (illegal) programs with his Executive Order entitled Protecting the American People Against Invasion:
Importantly, “parole” within the meaning of immigration law is very different from “parole” in the criminal law context. In immigration law parole is a discretionary power of the Secretary of Homeland Security to allow certain classes of people to TEMPORARILY remain in the United States. The primary statutory basis for parole in the immigration context is 28 U.S.C. 1182(d)(5)(A) which provides:
District Court Orders Trump Admin to Continue the Parole Program
Despite the fact the “parole” of a migrant is expressly temporary and within the discretion of the Secretary of the Department of Homeland Security and despite the fact the law specifically requires grants of parole to be “. . . on a case-by-case basis for urgen humanitarian reasons . . .,” which the Biden Regime IGNORED by the wholesale granting of parole to hundreds of thousands of people, on April 25, 2025, a federal district judge in Massachusetts ordered the Trump Administration to continue the illegal program and certified a nationwide class action. (The district judge is an Obama appointee named Indira Talwani.)
On May 6, 2025, the United States Court of Appeals for the First Circuit denied the Trump Administration’s application for to stay the injunction pending appeal.
The Supreme Court of the United States Steps In
On May 30, 2025, the United States Supreme Court granted the Trump Administration’s Emergency Motion for a Stay of the injunction:
(Readers will note, only two justices dissented, Justice Jackson and Justice Sotomayor.)
Keep in mind, a “stay” of the injunction in this context means the district court’s injunction does NOT TAKE EFFECT while the case is on appeal. This means the temporary protected status (illegally) granted to over 500,000 migrants is OVER while the case works its way through the courts.
While the case is not over, the standard for granting a stay requires the party requesting it to demonstrate a “strong showing” of prevailing on appeal. Chalk up another win for Team Trump.
The Executive Power/Firing Cases
President Trump and his Administration are actively working to reassert the constitutionally granted Executive Power of the Presidency. Article II, Section 1 of the United States Constitution expressly states the “executive power” is vested in “a President of the United States of America:”
Over the last century, Congress acted numerous times to curtail the power of the President to fire executive officers by limiting the President’s ability to remove certain officers to specified reasons. The National Labor Relations Act, for instance, provides the members of the National Labor Relations Board may not be removed by the President, except for “neglect of duty or malfeasance in office:”
The Merit Systems Protection Board is another board whose members enjoy similar protection. The members of the Merit Systems Protection Board may only be removed for similar reasons:
President Trump removed a member of the National Labor Relations Board and a member of the Merit Systems Protection Board without any hearing and without specifying a cause. These two individuals were likely removed from these boards in an effort to provoke these cases to get the federal courts to rule on the legality of statutes restricting the President’s authority to remove federal officers.
Some background on the Presidential removal power
Again, the Constitution itself vests “a President” with “the executive Power.” As you likely guessed, the ability of the President to remove federal executive officers from office is a fundamental exercise of the executive power. A host of cases confirm this power.
Then in 1935, the Supreme Court decided Humphrey's Executor. In that case, Humphrey had been appointed to the Federal Trade Commission by former President Hoover. In 1933, President Franklin D. Roosevelt fired Humphrey for political reasons when he refused to resign. The Federal Trade Commission Act only allowed a commissioner to be removed for “inefficiency, neglect of duty or malfeasance in office.” The High Court found the power exercised by FTC commissioners was “quasi-legislative” or “quasi-judicial” and not executive power, thereby allowing the removal power of the President to be limited by Congress.
The United States Supreme Court restricted its decision in Humphrey’s Executor in some cases decided since then. In 2010 in a case involving the Public Company Accounting Oversight Board, in 2020 in a case involving the Consumer Financial Protection Bureauand again in 2021 in a case involving the Federal Housing Finance Authority, the Court rejected restrictions on the President’s removal power.
SCOTUS did not expressly overrule Humphrey’s Executor in these decisions, so the tension between the Supreme Court’s decisions remains.
The Lower Courts Ruled Against Trump
In both cases, the lower courts ruled against President Trump’s removal power. This came as no surprise to most commentators in the case involving the National Labor Relations Board since that case was assigned to the notorious anti-Trump DC District Judge Beryl Howell. (Readers will recall, Judge Howell is the judge who ridiculously found President Trump to be a flight risk when the Special Counsel Jack Smith sought to secretly obtain Trump’s twitter communications. Dangerous decisions like this are what happens when political activists like Howell are appointed to the federal bench.)
In both the NLRB and the Merit Systems Protection Board cases three judge panels of D.C. Circuit Court of Appeals granted stays of the district court decisions (thereby keeping the individuals “removed” or “fired” pending appeal), only to have the full Court of Appeals reverse the stays.
Again, SCOTUS Steps In
On May 22, 2025, the Supreme Court of the United States granted the Trump Administration’s requests for stays of the lower court decisions pending appeal. This means the members of the boards remain “fired” while the appeals work their way through the court system. From the Supreme Court’s decision:
The Court also stated:
This decision is a significant step toward restoring the Executive Power to the President of the United States. Again, the case is not over, but chalk up another huge win for President Trump and the Trump Administration.
Conclusion
The legal challenges to President Trump and his Administration are unprecedented and, in many cases, abusive and wrong. But, Attorney General Pam Bondi and the lawyers at the United States Department of Justice are working hard to defend the Trump Administration in court and to take the fight to the left. They are winning one case after another. There are still more wins I plan to write about and more wins yet to come, bank on it.
(My newest book Fake News Exposed: 25 of the Worst Media Lies about Conservatives, Guns, COVID and Everything Else is available at Amazon. You may also pick up a copy of one of my other books at Amazon as well.)