Judicial Resistance Against Trump's Controversial Executive Orders

Since his re-election on 20 January, 2025, Donald Trump has issued a series of controversial presidential orders, provoking strong reactions both in the United States and internationally. These decisions, often deemed unconstitutional, have faced growing opposition from the judiciary power.

Between 23 January and 13 February, 2025, several federal judges canceled, suspended, or blocked a number of orders.. One of the most significant cases involved the freezing of US foreign aid.

On 13 February, a federal judge from Washington prevented the administration from implementing an executive order signed by Donald Trump on the day of his inauguration, which halted almost all funds allocated to development aid. In his ruling, the judge stated that the presidential measure was "based on dubious logic and causes considerable harm " to beneficiaries, including NGOs, associations, and international organisations. He also ordered the executive branch to submit a report by 18 February detailing the steps taken to comply with this injunction.

Judges have been equally vigilant regarding other aspects of the current White House policy. Presidential decisions concerning gender affirmation for transgender youth and deferred dismissals of civil servants have cited reasons ranging from "unconstitutionality"to the failure to comply with essential administrative law procedures..

In the background, the separation of powers is at stake: many judges point out that the American Constitution is not a ‘political game’ that a president can play at will.

The tug-of-war between Donald Trump and the judiciary illustrates the limits of executive power : the administration must take account of the constitutional legitimacy of its actions, or risk being continually hampered by emergency orders and temporary suspensions of its decrees.