Democrats have shifted from impeachment efforts to legal challenges under Article II of the Constitution to block President Donald Trump's second-term agenda. This strategy targets executive orders on issues like immigration and federal reductions, with a recent focus on a blocked National Guard deployment to Portland. The White House defends the actions as within presidential authority.
In Trump's second term, Democrats have abandoned repeated impeachment attempts from his first presidency, instead pursuing lawsuits alleging violations of Article II, which outlines presidential powers and the balance among government branches. Over 400 such cases have been filed, according to Just Security's tracker, challenging more than 200 executive orders on reducing the federal government, eliminating diversity, equity, and inclusion programs, protecting girls' sports by barring biological male participation, and deporting millions of undocumented immigrants.
A prominent example involves Trump's September 30 order to deploy National Guard troops to Portland, Oregon, in response to what the White House called 'Antifa-led hellfire' and 'premeditated anarchy' scarring the city. 'The Radical Left’s reign of terror in Portland ends now, with President Donald J. Trump mobilizing federal resources to stop Antifa-led hellfire in its tracks,' the White House announced.
Oregon Governor Tina Kotek criticized the move as 'an abuse of power' and a 'threat to our democracy,' arguing governors should command their National Guard units. The state sued, and U.S. District Judge Karin Immergut issued a temporary restraining order halting the deployment of 200 Oregon National Guard troops, later expanding it to bar any National Guard units from other states. Immergut ruled the order likely exceeded Trump's authority.
The Ninth Circuit Court of Appeals lifted the block on Oregon troops but upheld the broader ban. White House adviser Leavitt called the judge's opinion 'untethered in reality and in the law,' citing U.S. Code 12406 that allows the president to call up the National Guard as commander in chief.
Spokeswoman Abigail Jackson dismissed the challenges as 'Trump Derangement Syndrome,' noting, 'The Trump Administration’s policies have been consistently upheld by the Supreme Court as lawful despite an unprecedented number of legal challenges.' This marks a departure from Trump's first term, which saw two impeachments—over a 2019 Ukraine call and the January 6, 2021, Capitol breach—both resulting in Senate acquittals.