Recently, as a follow-up to my rundown of how the Trump administration was faring before the Supreme Court (quite well, as it turns out), I put together a similar scorecard concerning the 1st Circuit Court of Appeals.
Given the makeup of that appellate court and the geographical area covered by it, the fact that the administration hasn't met with as much success there came as little surprise.
But what of the other circuits?
READ MORE: SCOTUS Scorecard: How the Trump Administration Is Faring Before the High Court (So Far)
1st Circuit Scorecard: How the Trump Administration Is Faring Before the Appellate Courts
Geographical and Judicial Makeup
As promised, we'll go through them in order. The 2nd and 3rd Circuits have not seen as many cases related to the Trump administration, so I'm combining them here. First, let's take a look at their judicial and geographical makeup:
The 2nd Circuit includes Connecticut, New York, and Vermont. The 3rd includes Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.
In terms of judicial makeup, the 2nd Circuit is a bit more balanced than the 1st, with seven Democrat appointees and six Republican appointees among its sitting active judges. In the 3rd Circuit, it's the reverse, with six Democrat appointees and seven Republican appointees (plus one additional Trump nomination pending) among the sitting active judges.
Explanatory Notes
As with the previous installment, some caveats/clarifications are warranted:
- This list may not be comprehensive — it's possible I've missed a stray case here or there, though I've done my best to keep up with them all, particularly at the appellate level.
- These rulings are largely procedural in nature, rather than on the merits.
- In some instances, the same case has gone before the same court more than once, or a prior ruling has been followed by a petition for rehearing en banc — each of the court's rulings is counted separately.
- While I grouped the SCOTUS cases by subject matter, these are arranged chronologically (based on when the initial lawsuit was filed).
- The same ✅, ❌, and ↔️ signifiers will be used to indicate a "win," "loss," or "draw" for the administration.
2nd Circuit Scorecard
The first thing that stands out about the 2nd Circuit is how few substantive rulings there have been — six of the 10 cases before them remain in the briefing stage. Let's take a look.
1. State of NY v. Trump — (disclosure of personal financial records to DOGE) — Southern District of New York Judge Jeanette Vargas issued a preliminary injunction in February, which she then modified in April. In late May, she denied the administration's motion to dissolve the injunction. This one was appealed in late July and is still being briefed.
Score: ↔️ Administration - 0; Challengers - 0
2. Chung v. Trump — (habeas corpus/removal of protesters) — Southern District of New York Judge Naomi Buchwald issued a preliminary injunction in June. This one, appealed in early July, also remains in the briefing stage.
Score: ↔️ Administration - 0; Challengers - 0
3. Ozturk v. Hyde — (habeas corpus/removal of protesters) — In April, Vermont District Court Judge William Sessions, III, issued an order accepting jurisdiction (the case was ordered transferred from Massachusetts) and ordering petitioner Rumeysa Ozturk to be physically transferred to ICE custody within the District of Vermont no later than May 1, 2025. The administration appealed. In May, the 2nd Circuit denied the administration's motion for stay pending appeal and denied its request for a writ of mandamus. In September, the 2nd Circuit denied the administration's petition for rehearing.
- Score: ❌ Administration - 0; Challengers - 1
- Score: ❌ Administration - 0; Challengers - 2
4. Ceesay v. Brophy — (habeas) — Western District of New York Judge Lawrence Villardo entered judgment in favor of the plaintiff in July. The administration appealed that decision in September. This case is in the early stages of briefing.
Score: ↔️ Administration - 0; Challengers - 2
5. American Association of University Professors v. United States Department of Justice — (actions as to Columbia University) — In June, Southern District of New York Judge Mary Kay Vyskocil denied plaintiffs' motion for preliminary injunction and dismissed the case for lack of jurisdiction. The plaintiffs appealed. This one also remains in the briefing stage.
Score: ↔️ Administration - 0; Challengers - 2
6. G.F.F. v. Trump — (deportation under Alien Enemies Act) — Southern District of New York Judge Alvin Hellerstein granted a preliminary injunction preventing plaintiffs' removal pursuant to the AEA. The administration appealed, but then filed a motion asking the 2nd Circuit to hold the appeal in abeyance pending disposition of a similar case, W.M.M., pending in the 5th Circuit. The court granted that motion, which we'll count as a win (albeit a mini-win) for now. (The 5th Circuit has now ruled against the administration on that one, BUT...has granted a petition for rehearing en banc.)
Score: ✅ Administration - 1; Challengers - 2
7. State of New York v. Dept. of Education — (access to grant funds) — Southern District of New York Judge Edgardo Ramos granted plaintiffs' motion for preliminary injunction. The administration appealed. The 2nd Circuit denied the administration's motion for stay pending appeal. (The administration subsequently voluntarily dismissed the appeal, though it's not exactly clear why. That it is without prejudice implies there was some sort of settlement worked out between the parties.)
Score: ❌ Administration - 1; Challengers - 3
8. Mahdawi v. Trump — (habeas) — Vermont District Court Judge Geoffrey Crawford granted and then extended plaintiff's motion for TRO, and then ordered Mohsen Mahdawi's release. The administration appealed. The 2nd Circuit denied the administration's motion for stay pending appeal and subsequently denied the administration's petition for rehearing.
- Score: ❌ Administration - 1; Challengers - 4
- Score: ❌ Administration - 1; Challengers - 5
9. American Council of Learned Societies v. McDonald — (funding of National Endowment for the Humanities) — Southern District of New York Judge Colleen McMahon granted and denied in part plaintiffs' motion for preliminary injunction and granted and denied in part the administration's motion to dismiss. The plaintiffs appealed. This one is still in the briefing stage as well.
Score: ↔️ Administration - 1; Challengers - 5
10. National Job Corps Association v. Department of Labor — (dismantling of Job Corps) — Southern District of New York Judge Andrew Carter Jr. issued a preliminary injunction, though he subsequently narrowed it, pursuant to the Supreme Court's decision in CASA v. Trump (limiting nationwide injunctions). The administration appealed in September, so this one is also still in the briefing stage.
Score: ↔️ Administration - 1; Challengers - 5
2nd Circuit Final Score
Right now, it's not looking great for the administration in the 2nd Circuit, with a final score of:
Administration - 1; Challengers - 5
The important thing to note there is that four of the challengers' five wins so far have come in only two cases (where the court issued a ruling and then denied rehearing), and there are six cases still in the briefing stage. So the overall success rate for the administration may yet improve.
3rd Circuit Scorecard
The thing that stands out about the four 3rd Circuit cases involving the administration is that they all involve immigration issues — primarily habeas, but also as to the Student and Exchange Visitor Program.
1. Khalil v. Joyce — (habeas) — This one's had a tortured procedural history (and we've written on it extensively), but suffice it to say that virtually nothing has gone the administration's way at the district court level, compliments of New Jersey District Court Judge Michael Farbiarz, and the administration has filed two separate appeals on the case, amending one, and the two ultimately have been consolidated. The only 3rd Circuit ruling of consequence (thus far) came on July 30 and is a bit of a split-baby. 1) The court denied the administration's motion to stay pending appeal as to the district court order that Khalil should be released from immigration custody. 2) The court granted in part and denied in part the administration's motion to stay pending appeal as to the district court order of July 17th (which was so whacky, I still haven't been able to wrap my brain around it), so we're going to call that one a wash. The case is set for oral argument on October 21.
- Score: ❌ Administration - 0; Challengers - 1
- Score: ↔️ Administration - 0; Challengers - 1
2. A.S.R. v. Trump — (habeas) — On May 13, Western District of Pennsylvania Judge Stephanie Haines granted a preliminary injunction as to plaintiff A.S.R. The administration appealed, and, like it did in the G.F.F. case in the 2nd Circuit (above), it then filed a motion asking the 3rd Circuit to hold the appeal in abeyance pending disposition of a similar case, W.M.M., pending in the 5th Circuit. The court granted that motion, which we'll count as a win. (As noted above, the 5th Circuit has now ruled against the administration on that one, BUT...has granted a petition for rehearing en banc.)
Score: ✅ Administration - 1; Challengers - 1
3. Doe1 v. Noem — (Student and Exchange Visitor Program (SEVIS)) — New Jersey District Court Judge Katharine Sweeney Hayden issued a preliminary injunction in May. The administration appealed in July. This one is still in the briefing stage.
Score: ↔️ Administration - 1; Challengers - 1
4. W.J.C.C. v. Trump — (habeas) — As with the A.S.R. case, Western District of Pennsylvania Judge Stephanie Haines granted (in part) plaintiff's motion for preliminary injunction. The administration appealed and then moved for a stay pending disposition in W.M.M., which the 3rd Circuit granted. Again, we're counting that as a win, but it's a mini-win.
Score: ✅ Administration - 2; Challengers - 1
3rd Circuit Final Score
So, a bit more of a mixed bag with the 3rd Circuit. The administration has a "winning" record, but that's largely due to temporary abeyance orders. How the administration will fare once there's a decision in the W.M.M. case remains to be seen.
But for now, the 3rd Circuit score is:
Administration - 2; Challengers - 1
So, we've got a not-so-great success rate for the administration in the 2nd Circuit and a decent one in the 3rd Circuit. Again, though, these are preliminary/procedural rulings. Things could look a bit different down the road.
