The incoming Trump administration is preparing to reshape federal policy through sweeping executive actions — targeting birthright citizenship, tariffs, the size of government, and federal spending — while embracing, according to The Washington Post, legal challenges as a strategy to solidify their positions.
"President [-elect Donald] Trump will find every way possible to deliver on the promises he made to the American people in accordance with the law," Trump spokeswoman Karoline Leavitt said. "Those who seek to delay or stall his agenda by filing litigation against the Trump administration will be subverting the will of the tens of millions of Americans who just reelected President Trump."
In the Post's lengthy article on Saturday, the publication made several grand assertions regarding what policies Trump plans to implement and how they'll be implemented, but tethered to the Post's speculation were, at best, either people "familiar with the conversations" or organizations with a conservative bent.
When it came to the topic of birthright citizenship, Trump's denial of citizenship to children born in the United States to illegal migrants, the Post quoted a NumbersUSA's vice president, who said, "Reasonable people disagree, so it will be challenged in court. It probably is going to have to be decided by the Supreme Court."
On tariffs, Scott Lincicome, director of general economics at the Cato Institute, said of a 1974 trade law provision that the "general legal consensus" is that it is broadly worded enough that Trump could prevail with his trade endeavor in the courts. Lincicome added that he doubts the Supreme Court would get involved in this matter, but businesses that have their bottom line affected may sue.
For cutting the size of the government, The Post mentioned that one of the legal levers Trump could pull to unilaterally cut spending is a presidential authority known as impoundment. Russ Vought, who Trump nominated to lead the budget office for a second time, has voiced his favor of the mechanism. The mechanism could be used as a means to slash programs recommended by the "Department of Government Efficiency" headed by Elon Musk and Vivek Ramaswamy.
Trump is likely to face opposition to cut spending from government contractors, grant recipients, benefit recipients, labor unions, and watchdog groups, Ben Seel, an attorney with Democracy Forward, said.
"This isn't just compliance for compliance's sake," Seel said. "These are a couple of really closely connected and potentially deeply conflicted, wealthy guys talking about cutting broad swaths of the federal government, that could affect public health and safety, national security, the environment. At a minimum, the law requires the public have some idea what these guys are up to."