‘Unconstitutional’ and ‘Unlawful’: Federal Courts Push Back on Trump Administration Policies

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Business NewsGlobal Politics & Trade News'Unconstitutional' and 'Unlawful': Federal Courts Push Back on Trump Administration Policies

‘Unconstitutional’ and ‘Unlawful’: Federal Courts Push Back on Trump Administration Policies

By Dareh Gregorian and Gary Grumbach | September 5, 2025

In a tumultuous week for the Trump administration, a wave of high-profile federal court decisions has halted several hallmark initiatives, with judges branding key actions as either “unlawful” or “unconstitutional.” The string of legal rebukes affects everything from Harvard University’s funding to the deployment of the National Guard, the exclusive use of emergency powers for imposing tariffs, expedited deportations via the Alien Enemies Act, and the cancellation of Temporary Protected Status (TPS) for hundreds of thousands of immigrants. The coordinated judicial pushback underscores the courts’ crucial role as a check on presidential authority, just months before the pivotal 2024 U.S. presidential election.

Block on Harvard Grant Freeze: First Amendment Under Attack

The highest-profile reversal came with U.S. District Judge Allison D. Burroughs’s ruling against the administration’s freeze on over $2 billion in federal grants to Harvard University. The administration justified the freeze by alleging Harvard failed to address antisemitism on campus, but Judge Burroughs denounced the action as “pretextual” and “ideologically motivated.”

Beyond referencing Harvard’s recent efforts to address campus antisemitism—such as implementing policy reforms and initiating task forces—Burroughs noted that the rescinded grants funded diverse research unrelated to the controversy, including pathbreaking medical and technological studies. “The terminated grants related to all manner of medical, scientific, technological, and other projects,” she wrote, specifically citing initiatives on breast cancer and veterans’ health. Burroughs found the freeze violated both the First Amendment and Title VI of the Civil Rights Act, as well as the Administrative Procedure Act (APA).

The administration has vowed to appeal; however, advocates for academic freedom and civil rights groups are hailing the decision as a victory for free expression and institutional independence in higher education. In the wake of the decision, universities and research bodies nationwide expressed relief, warning that politicizing federal grant allocation could undermine American leadership in science and innovation.

Unlawful National Guard Deployment: Domestic Use of Military Reined In

On the west coast, U.S. District Judge Charles Breyer stopped the Trump administration’s deployment of the National Guard to Los Angeles, ruling it a clear violation of the 19th-century Posse Comitatus Act. Federal court documents detail how, following widespread street protests in Los Angeles against Trump’s immigration policies, the administration ordered hundreds of National Guard and Marine troops to the city in what it described as a necessary move to maintain public order.

Judge Breyer highlighted that the military forces went beyond protecting federal property to performing tasks such as crowd control, setting up perimeters, and even participating in law enforcement activities—actions, he ruled, require explicit Congressional authorization. The administration has a one-week stay to appeal the ruling, with implications for ongoing debates on the president’s emergency powers and state-federal authority.

Experts note the ruling reaffirms guardrails designed to separate civilian governance from military intervention, a core democratic principle in the U.S. constitutional framework. The National Guard’s proper domestic role continues to be a flashpoint as civil unrest and political demonstrations become more common across major cities.

Alien Enemies Act Deportations Blocked: Legal Checks on Expedited Removals

In a separate shock to the administration, an appellate court in Louisiana temporarily barred the use of the 1798 Alien Enemies Act to expel alleged members of Venezuela’s notorious Tren de Aragua gang. President Trump had invoked the rarely used wartime statute in March, claiming national security imperatives; however, the Fifth Circuit ruled the government did not substantiate that a “war-like invasion” was in progress.

While the administration has asserted a sweeping executive authority to remove foreign nationals considered threats, the court emphasized that other, more targeted statutes exist to address foreign gang members and terrorist designations. Legal analysts say the case spotlights the tension between national security prerogatives and judicial scrutiny, with the courts generally refusing to green-light broad applications of emergency powers absent clear Congressional backing or demonstrable threats.

Tariff Authority Curbed: Ongoing Appeals Raise Stakes

Another significant defeat for the White House came with an appeals court ruling that President Trump had exceeded his authority by imposing tariffs under an emergency powers statute reserved for Congressional approval. The Federal Circuit ruled that tariffs are “a core Congressional power” and not within the scope of unilateral presidential action unless directly authorized by law.

This decision affects two sets of tariffs implemented by the administration (excluding those covered under separate trade statutes), holding up their enforcement at least until mid-October as government lawyers rush to seek emergency review by the Supreme Court. With global markets watching closely, the outcome of this case could shape not only current trade negotiations but also the scope of presidential economic powers for years to come.

Amid its arguments, the administration cited national strategic interests and ongoing diplomatic talks, warning that restricting executive authority could “derail critical ongoing negotiations with our foreign trading partners and threaten broader U.S. interests.” Treasury Secretary Scott Bessent supported the administration’s bid for the High Court’s immediate intervention in order to keep its tariff framework intact.

Temporary Protected Status Termination Halted: Safeguards for Vulnerable Immigrants

Rounding out the week, U.S. District Judge Edward Chen set aside the administration’s move to revoke Temporary Protected Status (TPS) for hundreds of thousands of Haitians and Venezuelans residing in the United States. Homeland Security Secretary Kristi Noem’s order to end TPS was deemed “arbitrary and capricious,” violating statutory and procedural safeguards guiding U.S. immigration policy for decades.

Judge Chen pointed to a 35-year bipartisan tradition of reserved, evidence-based TPS decisions following interagency consultations. The 69-page ruling refuted claims that revoking status could be done with the swiftness and minimal justification exercised by Noem, underscoring the consequences for vulnerable populations whose legal, economic, and family circumstances rely on TPS protections.

Waiting in the wings, the Supreme Court had previously stayed an earlier injunction in the case, but Judge Chen’s final judgment on the merits marks a decisive legal assertion in favor of longstanding administrative procedure and humanitarian criteria.

Wider Impact: Executive Power Under the Microscope

The latest legal setbacks come after a period in which the Trump administration, bolstered by success in 17 of 22 emergency requests to the Supreme Court, appeared nearly invincible in the judiciary. These new judicial decisions, however, serve as a reminder of the limits on executive overreach and the enduring importance of checks and balances—an issue central to political and legal debates in the fraught lead-up to the 2024 election.

While the White House continues to defend its record and prepares a battery of appeals for the Supreme Court, legal scholars, advocacy groups, and opposition lawmakers argue that upholding constitutional boundaries is more crucial than ever. As both sides gear up for further courtroom battles, the nation watches closely, aware that the long-term precedents set by these cases may define not only the Trump administration’s legacy but also the scope of presidential power for years to follow.

For more updates on evolving U.S. legal and political developments, visit NBC News Politics.

Jada | Ai Curator
Jada | Ai Curator
AI Business News Curator Jada is the AI-powered news curator for InvestmentDeals.ai, specializing in uncovering the best business deals and investment stories daily. With advanced AI insights, Jada delivers curated global market trends, emerging opportunities, and must-know business news to help investors and entrepreneurs stay ahead.

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