Two Big Losses for Trump Administration

The Story:

The US Supreme Court is wrapping up its term. And although there are five Justices now on the bench who are the appointees of Republican Presidents, and two of them are appointees of President Trump, this Court has delivered body blows in recent days to Trump administration, and for the most part to Republican Party, policy initiatives.

Two Examples:

On Monday, June 15, in Bostock v. Clayton County,  the Court — against the urgings of the administration’s lawyers — held that the civil rights laws protect lesbian, gay, and transsexual employees from the threat of being fired by their private employers because of those identities.

On Thursday, June 18, in DHS v. Regents, the Court — again against the urgings of those lawyers — held that an executive order issued by President Obama in 2012, protecting from deportation persons who were brought to the United States illegally as minors, had been improperly terminated by this administration. So, although the administration may go back to the procedural “drawing board,” for now the Obama-era protection for the so-called “Dreamers” remains in place.

The Thing to Know:

The legal profession has developed its own standards and sensibilities that do not coincide with left/right political disputes, so administrations of both parties have long suffered from unexpected votes and decisions from their own appointees.

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