Why President Trump Loves a Good Lawsuit

Alabama Man Sets Legal Precedent and Brings Hope to Pro-Lifers
Alabama Man Sets Legal Precedent and Brings Hope to Pro-Lifers

As a private citizen, Donald Trump or one of his businesses was involved in more than 3,000 lawsuits as either a plaintiff or defendant. Since becoming president, the travel bans alone have enjoined him in more than 50 suits and Americans expect litigation explode given the extreme level of political entrenchment in Washington, D.C. But Trump’s numbers pale in comparison to the fact that Pres. Obama was sued thousands of times over the Freedom of Information Act request failures alone. However, the major difference between the two may be that Trump can’t lose in court as president.
As the Trump presidency unfolds, the administration will face lawsuits that can be broken into two basic groups — holdovers from the Obama Administration and those opposing his new policies. Given that Obama was a near polar political opposite, Trump will employ a strategy of defaulting, withdrawing or ceding to conservative plaintiffs on outstanding litigation. Basically, winning by losing will be the theme. But even in cases where things like the travel ban litigation was considered a huge, temporary win for the left, Trump still wins the long game.
As counter-intuitive as prevailing when losing a lawsuit to the left may seem, Trump is not your ordinary Republican. His core principles are those of a Federalist. In other words, he believes strongly in returning power to the states. This was outlined in the Tenth Amendment by the founders who crafted and signed the U.S. Constitution. However, the federal government has increased its rule over the decades and Congress has failed to check the executive branch’s expansive powers. Perhaps no president sought to increase the power of the presidency and federal government more than Obama. He was prolific at issuing executive orders and encouraged overreach by federal agencies to bring about his policy wishes.
In contrast, Trump has taken swift action to roll back the regulatory power of federal agencies, such as the EPA, that he believes belong to the states. As a businessman, experience taught him that onerous federal regulations hurt the economy and sent manufacturing plants overseas or south of the border.
President Trump may have best pointed to his states’ right thinking in a television interview shortly after winning the election. When pressed about the possibility of Roe vs. Wade being overturned, he seemed to shrug his shoulders as if to say, “so what.” Trump explained abortion law would just go back to the states to decide. When pushed about the possibility of a state banning abortion, he matter-of-factly said, “just go to another state.” That snarky answer probably angered both pro-life and pro-choice advocates. But it did show how much he favors localized decision-making.
The states’ most effective method to check executive power is the court system. Ironically, the left that favors federal authority is now resorting to lawsuits. Each time they lose, Trump wins. Each time they win, Trump’s brand of Federalism wins. Talk about a Catch 22.