Mashable 03月14日
This online database tracks the 100+ legal challenges against Trump
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特朗普新政府上任后迅速签署大量行政命令,引发多方法律挑战。包括民权组织、工会和州政府在内的团体纷纷采取法律行动,反对其政策变化。这些挑战涵盖LGBTQ+权益、多元化平等和包容(DEI)政策、移民问题以及政府资金管理等多个领域。联邦法院也介入其中,对部分行政命令进行了阻止或延迟。各方争议主要围绕行政命令是否违宪、是否侵犯公民权利以及是否滥用总统权力展开。这些法律诉讼不仅针对特朗普本人,也涉及联邦机构及其负责人,反映了对政府政策的广泛担忧。

🏳️‍🌈 特朗普政府发布反跨性别行政命令,限制LGBTQ+群体的权益,引发了多起诉讼。其中,美国公民自由联盟(ACLU)代表七名原告起诉美国国务院,反对其禁止在护照上使用“X”性别标记的政策,认为这侵犯了旅行权和隐私权。此外,禁止为跨性别青少年提供性别确认治疗以及禁止跨性别学生运动员参加符合其性别认同的运动队,也受到了法律挑战。

🚫 特朗普政府签署行政命令,旨在清除政府部门的多元化、平等和包容(DEI)项目,并撤销了多项平等就业机会指令。包括全国教育协会(NEA)和美国教师联合会(AFT)在内的高等教育团体对此提起诉讼,认为该禁令侵犯了言论自由、正当程序,并违反了《行政程序法》。其他组织也对终止DEI项目提起诉讼,认为这影响了资金、项目和他们的选民。

🛂 特朗普政府加强了对无证移民的拘留和驱逐力度,并试图取消对在美国出生的无证居民子女的出生公民权。多个宗教和文化团体,以及丹佛公立学校系统,对国土安全部(DHS)提起诉讼,认为其违反了宪法规定的宗教自由权。《保护美国人民免受入侵》的行政命令导致加速驱逐某些居民,引发了关于该命令是否违宪的争议。此外,国土安全部部长撤销委内瑞拉寻求庇护者的临时保护身份(TPS)的决定也受到了法律挑战。

💰 特朗普政府成立的政府效率部门(DOGE)及其负责人埃隆·马斯克面临多项法律挑战。公共公民组织和多个工会起诉OMB,认为允许私人公民(马斯克)访问公民信息违反了《联邦咨询委员会法》。其他诉讼还质疑DOGE访问公民敏感数据的行为。此外,特朗普下令冻结联邦拨款和贷款,也受到了多家团体的质疑,他们认为政府撤销资金的行为违反了宪法。

In the first 24 hours of Donald Trump's new administration, the president signed 26 executive orders, setting an anti-progressive agenda in motion. Dozens more orders followed in the weeks after, with the Trump administration enacting 89 executive actions as of March, according to the nonpartisan American Presidency Project.

Legal challenges rolled in almost immediately. A mere six days after Trump's inauguration, Just Security, an online forum and publisher of legal and political analysis, had enough court filings and legal headlines to warrant a digital, Trump-focused litigation tracker — a running list of the civil rights organizations, labor unions, state governments, and individuals who have been pushing back against the barrage of executive orders and policy changes. Other legal groups have launched similar trackers.

As of this story's publishing, Just Security's tracker shows 119 open cases across 10 different topic areas, from government grants and assistance to environmental policy, like Trump's rescission of the United States' climate pledges and the deletion of climate data on federal sites.

Credit: Dominic Gwinn / Contributor / AFP via Getty Images

Several federal courts have interceded in the president's actions, blocking or delaying some and reaffirming others. Here's a brief rundown of the administration's largest legal battlegrounds:

Attacks on LGBTQ rights 

The Trump administration took little time in issuing an anti-transgender executive order in its first week, declaring the existence of just "two biological sexes," determined at the "point of conception." The order has already initiated a rolling back of protections for LGBTQ people and the weaponization of federal law against trans communities, according to both the Human Rights Campaign and the American Civil Liberties Union (ACLU).

The ACLU filed a federal lawsuit against the U.S. State Department on behalf of seven plaintiffs for a new policy that bans the "X" gender marker on U.S. identification and forces individuals to carry passports listed with their assigned sex at birth rather than their gender identity. The ACLU argues that this violates Americans' right to travel and right to privacy, as well as the constitution's Equal Protection Clause. 

Several other lawsuits, including one filed by LGBTQ nonprofit PFLAG, challenge a Trump executive order that bans gender affirming care for transgender youth and another order that bans transgender student athletes from teams that align with their gender identity. PFLAG argues that such restrictions are a form of discrimination and an excessive use of presidential powers. 

Two cases take issue with the Pentagon's ban and removal of trans people serving in the military under the Constitution's due process and equal protection clauses, revitalizing a similar legal challenge during Trump's first term. Three other lawsuits focus on the forced housing of transgender inmates in prisons that don't align with their gender identity, a policy that studies indicate increases rates of violence and sexual trauma while contributing to a lower quality of care among prison populations.

Credit: Stephanie Keith / Bloomberg via Getty Images

Purging of Diversity, Equity, and Inclusion (DEI) efforts

Amid the flurry of first day actions, Trump also signed an executive order entitled "Ending Radical And Wasteful Government DEI Programs And Preferencing" that directed the Office of Management and Budget (OMB) to eradicate "illegal DEI" policies and programs. One day later, the president issued a follow-up order that revoked several equal employment opportunity directives. 

Several higher education groups, including the National Education Association (NEA) and American Federation of Teachers (AFT), are suing the administration for its OMB anti-DEI directives. Both the NEA and AFT's cases center on a Dear Colleague Letter published by the Department of Education Office for Civil Rights, which enforced a U.S. Supreme Court decision that would ban affirmative action and direct colleges to end DEI programs or lose federal funding. The organizations argue the ban is a violation of free speech, due process, and the Administrative Procedure Act, which governs rule making by federal agencies.

Other national organizations, like the National Association of Diversity Officers in Higher Education and the National Urban League, filed lawsuits claiming the executive orders against DEI and equal employment policies were similarly unconstitutional. Regional and community groups also filed suit against the termination of DEI programs, citing the order's impact on funding, programming, and their constituencies themselves. Groups include the San Francisco AIDS Foundation and Chicago Women in Trades. 

The lawsuits don't just castigate Trump — federal entities implicated in these lawsuits include the National Endowment for the Arts, acting Education Secretary Denise Carter, and the entire Department of Education.

Credit: Jim West / UCG / Universal Images Group via Getty Images

Immigration and denial of birthright citizenship 

In compliance with an executive order titled "Protecting The American People Against Invasion," Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have ramped up their efforts to detain and remove undocumented people residing in the U.S., in line with Trump's goal to deport migrants in historic numbers during his second term. 

For example, the administration has ordered expedited removals of certain residents without trials under the Immigration and Nationality Act (INA) — immigrant rights nonprofit Make the Road New York sued the administration arguing the unconstitutionality of the order. On Jan. 20, the DHS issued a new set of ICE and CBP guidelines rescinding Biden administration rules that prevented agents from conducting raids close to or in "sensitive" areas, such as places of worship, schools, and hospitals. Dozens of religious and cultural groups, including Quaker and Mennonite congregations, as well as the Denver Public School System, filed separate lawsuits against the DHS for violating the constitution's right to the freedom of religion, as well as the Administrative Procedure Act and Freedom of Information Act.

Other actions being fought in courts include the decision by Department of Homeland Security (DHS) Secretary Kristi Noem to revoke Temporary Protected Status (TPS) for Venezuelan asylum seekers, the removal of refugee and asylum programs, the sunsetting of the CBP One app, and the decision to transfer detained migrant populations to Guantanamo Bay

Another day one executive order, "Protecting The Meaning And Value Of American Citizenship," excluded birthright citizenship for the children of undocumented residents. Just Security reports the order has received more than a dozen legal challenges —  submitted by the ACLU, immigrant rights organizations, 18 state governments, and individuals affected by the new policy — arguing that it is a misinterpretation of the rights afforded in the Fourteenth Amendment.

Credit: Kena Betancur / AFP via Getty Images

Mismanagement of government funding and employees

The actions of the Trump-branded Department of Government Efficiency (DOGE) and its leader Elon Musk (aka the head honcho of X, SpaceX and Tesla), have faced a multitude of legal challenges, Just Security notes. 

Advocacy group Public Citizen and several workers unions sued the OMB for establishing DOGE under the Executive Office of the President, arguing that allowing a private citizen (Musk) to access citizen information is a violation of the Federal Advisory Committee Act — the case was later dropped in favor of pursuing the issue in separate cases. Public Citizen also took the Treasury Department to court for allegedly allowing DOGE to access citizens' sensitive data. National Security Counselors, Inc. and the American Public Health Association have sued on similar grounds, and at least a dozen other lawsuits have been filed challenging DOGE's access to personal and financial information at large. Plaintiffs in those cases include the Electronic Privacy Information Center, the University of California Students Association, the Alliance for Retired Americans and the American Federation of Government Employees. 

Other groups — like Democracy Forward, Project on Government Oversight and Environmental Defense Fund — have filed Freedom of Information Act requests to access details on DOGE operations. Several lawsuits, including one brought forth by a group of U.S. Agency for International Development (USAID) employees, challenge Musk's appointment by evoking the Appointments Clause, as he wasn't confirmed by an official Senate vote. 

In February, Trump ordered a freeze on federal grants and loans. While the general freeze was halted by a judge who questioned its constitutionality, budget and grant funding has remained under attack by DOGE. Multiple groups challenged the administration for revoking funding, including the National Association of Nonprofits and 23 attorneys general in a joint filing. Other groups, including the Global Health Council and American Foreign Service Association, have filed lawsuits specifically against the dismantling of USAID, as well as cuts at the Consumer Financial Protection Bureau (CFPB). 

In March, 19 states and the District of Columbia filed a lawsuit against the Trump administration for the mass firing of recently hired government employees, arguing that probationary employees were falsely misled during their terminations. Prior to this lawsuit, the U.S. Office of Special Counsel (OSC) issued an investigation into the firings, and ordered the reinstatement of some staff across agencies, including the U.S. Department of Agriculture.

Credit: Alex Wroblewski / Contributor / AFP via Getty Images

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