“Where things seem most different is that Trump is more willing than other presidents to take the fight to the opposition in court,” he said. “At least where his own interests are at stake, he is not afraid to look to the courts for relief. These suits may have political benefits for the president, but they also tend to increase the daily unpredictability in the conduct of government business.”
J. Michael Luttig, a former appeals court judge and Supreme Court finalist under Mr. Bush, said the flurry of legal fights reflected a broader trend in American society to resolve political debates in the courts.
“The president, the Congress, the Republicans, the Democrats, have ceased to resolve their political disagreements as contemplated by the Constitution at this point and have surrendered their political differences to the federal courts,” he said. “There is no one else who will oblige — and willingly — the resolution of these political disagreements, which the politicians have irresponsibly refused to resolve themselves.”
Mr. Trump has always had a taste for legal combat. By the time he ran for president in 2016, he had been the plaintiff or defendant in 4,095 cases, according to a count by USA Today. He sued contractors and debtors as well as Bill Maher and Miss Pennsylvania.
During a campaign rally that year, Mr. Trump boasted of his extensive experience in court. “Does anyone know more about litigation than Trump?” he asked, referring to himself in the third person. “I’m like a Ph.D. in litigation.”
Shortly after the election, he settled fraud lawsuits by former students of his Trump University for $25 million. The courts quickly became consumed with his battles after his inauguration as well. More than 60 lawsuits were filed against him in the first three weeks of his presidency, according to The Los Angeles Times.
The last president to face impeachment also faced myriad legal battles. Long before the matter got to Congress, Mr. Clinton fought the independent counsel Ken Starr in the courts on executive privilege, attorney-client privilege and even an unrecognized Secret Service privilege.