‘Winning by losing’ — Trump’s sneaky plan to govern by gaming the courts

David McGowan May 28, 2025

The Hill View Original Source

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The recent oral argument in the Supreme Court case Trump v. CASA, Inc. suggests the administration may be pursuing a clever approach to draining judicial precedents of any meaning. Call it “winning by losing.”

If left unchecked, winning by losing may prove to be an effective way of undercutting judicial decisions and thus the law embodied in those decisions. The approach also establishes a connection between seemingly unrelated actions—the administration’s executive order rejecting the Court’s birthright citizenship precedents, its orders against (and agreements with) law firms, and its opposition to broad injunctive relief.

Read the full piece here.