CNN legal analyst Elie Honig stated Monday that President Donald Trump’s efforts to address wasteful government spending and illegal immigration were “not unconstitutional.”
The Trump administration is currently appealing injunctions imposed by federal judges against the Department of Government Efficiency (DOGE) and Trump’s Jan. 20 executive order ending birthright citizenship. Honig explained that Trump’s legal strategy involves taking action first and forcing opponents to challenge him in court.
“Look, the strategy that Donald Trump has used here so far is he’s going to do what he wants first, and then he’s going to make plaintiffs,” Honig told “CNN News Central” co-host John Berman. “He’s going to make state attorneys general. He’s going to make private citizens go sue him in court if they want to stop him from doing what he wants, they have to make him. So that’s definitely been a strategy by the president. But that’s not unconstitutional.”
Honig noted that the legality of Trump’s actions depends on compliance with judicial rulings. “Where it crosses a line is if that happens, he goes into court and a court says, you’re not allowed to do this executive branch or I’m putting it on hold, I’m putting an injunction and then if the president or the executive Branch defies that, that’s where we get into real trouble here,” he said. “So for sure, Donald Trump has taken a conscious legal strategy of, I’m going to do what I want, maybe I’ll lose in the courts. That’s fine. I mean, I think there’s problems in that, but that’s not unconstitutional.”
Honig also dismissed concerns that the Supreme Court would act as a “rubber stamp” for Trump’s actions, even with six conservative justices. “This Supreme Court has generally been taking a broad view of executive power. But I also think it’s a mistake to say, oh, there are six, three Supreme Court, they ruled in favor of Trump on immunity, they’re going to do whatever he said,” Honig said.
He pointed out that the court has ruled against Trump in key cases, including election fraud claims, attempts to stop prosecutors, and efforts to resist subpoenas. “I think this Supreme Court will not tolerate if the executive branch crosses that line of defying the courts.”
The Supreme Court has also struck down executive actions taken by former President Joe Biden, including his student loan forgiveness program, which was rejected in a 6-3 ruling in June 2023. Despite this, Biden’s Department of Education continued to forgive student loan debt through other means.
