As President-elect Donald Trump prepares to enact a swift rollback of key Biden-era policies and push forward with his aggressive agenda, he faces an old adversary that has proven to be both a hindrance and an opportunity: the U.S. legal system.
During his first term, Trump’s efforts to implement major changes through executive orders, policy shifts, and controversial appointments often found themselves bogged down in litigation, with key decisions delayed for months, or even years, by the courts. This pattern played to his advantage after leaving office, as he successfully stalled criminal cases through appeals and procedural delays. Now, as he gears up for a second term, the legal battles will be fierce—and the clock is ticking.
Democratic state officials and left-leaning groups are already pledging to mount a wall of legal challenges against Trump’s promises of mass deportations, sweeping tariff measures, and major federal agency overhauls. His policies are set to face off in courtrooms across the country, raising questions about how quickly and effectively his administration can implement its ambitious goals.
Trump’s latest Attorney General pick, long-time ally Pam Bondi, will find herself at the center of these battles, navigating a delicate balance of defending existing policies while attempting to dismantle parts of the Biden administration’s legacy. The Trump administration’s legal team will also have to contend with ongoing litigation from the Biden era, covering a range of contentious issues, from environmental protections and prescription drug pricing to abortion access and workplace safety.
Trump’s allies in the Republican Party, along with conservative legal advocates, remain cautiously optimistic that they are better prepared to fend off court challenges this time. But the opposition, having learned valuable lessons from the first term, is ready for battle.
New Jersey’s Democratic Attorney General, Matthew Platkin, has already spent months strategizing with other state officials, preparing for the legal challenges that could arise from Trump’s proposed policies. “We won’t hesitate to take legal action when we believe it’s in the best interest of our residents,” said Platkin, emphasizing that these lawsuits are not motivated by personal vendettas, but by a commitment to protect citizens from potentially harmful changes.
Eric Olson, a former top appellate lawyer for Colorado, noted that political incentives will push Trump’s opponents to bring as many lawsuits as possible—some, even against long-shot cases. “Restraint will not carry the day,” said Olson, referencing the bitter legal fights over Trump’s border wall and immigration policies.
The legal system’s role in slowing Trump’s agenda was a defining feature of his first term. Even his signature policies were delayed or blocked by the courts. Notably, federal judges struck down attempts to ban travel from several majority-Muslim countries, and while the U.S. Supreme Court eventually upheld a revised travel ban, the case dragged on for nearly two years.
Similarly, Trump’s bid to end the Deferred Action for Childhood Arrivals (DACA) program met with fierce legal opposition. After multiple court rulings, the Supreme Court ruled against the administration in 2020, citing procedural missteps rather than the legality of the policy itself.
Now, with the Biden administration’s policies facing mounting legal challenges, Trump is poised to launch his own wave of legal action aimed at dismantling regulations and reversing executive orders. Key aspects of Biden’s agenda are already tied up in litigation, including the Inflation Reduction Act, which allows Medicare to negotiate prescription drug prices. This case, recently revived by the 5th U.S. Circuit Court of Appeals, is just one of several that will likely land on Trump’s desk.
The future of DACA also remains in limbo, with ongoing court battles about its legal status. Other Biden-era regulatory battles include efforts to tighten emissions limits for power plants, fuel economy standards for vehicles, and a ban on noncompete employment agreements—all issues likely to be revisited under a Trump administration.
As Trump’s team prepares for a whirlwind of legal challenges, consumer advocacy groups like Public Citizen are gearing up to intervene in cases where they believe the new administration may try to weaken public protections. Litigation director Allison Zieve warns that the next four years could bring “a chaotic time,” with numerous regulations designed to protect public health, the environment, and consumer rights potentially at risk.
While Trump’s legal strategy may look different this time around, the reality of the courts remains: a deep and complex system that can both hinder and protect his policy ambitions. As his team braces for battle, one thing is clear—the next term will be defined by an ongoing clash with the U.S. legal system, with the outcome uncertain.
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