The numbers
As of May 2026, 753 lawsuits have been filed against the Trump administration. That averages more than two new cases per day since January 2025.
Of the cases with rulings, the Just Security tracker counts 262 plaintiff wins and 126 government wins. Another 360 cases are still awaiting decisions. The administration wins about 33% of decided cases.
“Agencies may not conduct large-scale reorganizations and reductions in force in blatant disregard of Congress’s mandates.”
— Judge Susan Illston, U.S. District Court, Northern District of California
Win rate by area
Where courts block the most and where the administration has had more success.
| Policy area | Plaintiff wins | Gov wins | Win rate for admin |
|---|---|---|---|
| Immigration | 100+ | ~30 | ~23% |
| Federal workforce / DOGE | 40+ | ~15 | ~27% |
| Education / DEI | 25+ | ~10 | ~29% |
| Healthcare / research | 20+ | ~8 | ~29% |
| Voting / elections | 15+ | ~5 | ~25% |
| Foreign aid / spending | 10+ | ~15 | ~60% |
| Energy / environment | 10+ | ~5 | ~33% |
The administration wins most often on foreign aid and spending cases, where courts are more deferential to executive authority over international affairs. It loses most on immigration and voting, where constitutional protections are strongest.
What the courts keep saying
Three themes run through hundreds of rulings:
1. Congress decides how money is spent. Courts block when the administration freezes funds Congress appropriated, redirects spending without authorization, or eliminates programs that Congress created by statute. The NIH funding fight and the foreign aid freeze both turned on this principle.
2. You cannot fire civil servants for political reasons. The mass firing of probationary employees, DOGE-driven reorganizations, and agency staffing caps all violated civil service law. Judge Alsup ordered rehiring at six agencies. A 143-page DOGE ruling found First Amendment violations and no legal authority for DOGE officials to touch NEH grants.
3. Executive orders cannot override the Constitution. Birthright citizenship, transgender military service, and mandatory detention all ran into constitutional limits. 225 judges have ruled the mandatory detention policy likely violates due process.
The Supreme Court factor
The Supreme Court is the escape valve. When lower courts block a policy, the administration appeals to the emergency docket, the busiest in modern history.
| Supreme Court action | Outcome |
|---|---|
| Limited universal injunctions | Narrowed scope but judges found workarounds via class actions |
| Transgender military ban | Lifted injunctions — administration wins |
| DOGE reorganization stay | Paused injunction — administration proceeds |
| NIH indirect cost cap | Block upheld on appeal — plaintiffs win |
| Birthright citizenship | Core block held; cert granted Dec 2025, oral arguments expected before July 2026 |
| Foreign aid freeze | D.C. Circuit reversed; SCOTUS allowed withholding |
The pattern: lower courts block, the Supreme Court sometimes narrows or lifts the block, but rarely endorses the underlying policy on the merits. Most stays are procedural, not substantive wins.
Who is filing
Democratic state attorneys general account for 55 of 67 cases with rulings in their favor. Arizona AG Kris Mayes alone has filed 41 lawsuits. If the 2026 AG races flip key states, the litigation coalition loses its anchor.
The ACLU, NAACP Legal Defense Fund, Democracy Forward, and the Campaign Legal Center are leading the nonprofit litigation. Universities filed the NIH cases. Individual plaintiffs brought many of the DOGE employment cases.
What you can do
- Track the cases. Just Security and Lawfare maintain live trackers updated weekly.
- Support your AG. State attorneys general lead the largest share of these cases. Check the AG lawsuit results to see if your state is fighting.
- Watch the Supreme Court. Birthright citizenship arguments are expected before July 2026. That ruling will define executive power for a generation.
- Contact your senators through Resist Bot to demand congressional oversight of executive orders that courts keep blocking.
This brief is part of our Rule of Law and Executive Power coverage. See also: AG Lawsuit Results and Project 2025 Status.