Legal advisers for incoming President Donald Trump are anticipating that the executive orders he plans to unveil today will face legal challenges in court. The Trump team is prepared for opponents to challenge his policies in trial court jurisdictions, which could lead to prolonged litigation.
However, the Trump team is approaching this potential legal battle with a new strategy of carefully crafting the orders to withstand legal scrutiny. They are focusing on ensuring that these policies are legally sound and can withstand court challenges.
The defense of these policies will be handled by the new Trump Justice Department, as they do not intend to rely on career DOJ lawyers to defend their policies in court. Instead, they are prioritizing staffing the DOJ civil division with their own personnel to navigate the legal hurdles.
The Trump team believes that this new approach will increase the chances of success in court for their proposed policies, including what are described as 'extraordinary' immigration measures. They are optimistic that these measures will fare better in court than the initial travel ban did during Trump's first term.
There is an expectation that some of these executive orders could face injunctions or be blocked as early as Tuesday, as legal challenges are anticipated to begin swiftly.