By Kirk Kirkland and Gemini AI
A New Wave of Resistance hits Department of Justice
Have you lost hope that the current administration can be stopped from creating chaos and returned to the Rule of Law in our economy, our schools, and our nation’s response to climate change?
Each month, I use Gemini, an Artificial Intelligence tool to research government documents to collect the data on lawsuits and citizen resistance to the federal agenda. In February 2026, we witnessed a series of breakthroughs in Congress and the Supreme Court that were significant [1]. When combined with over 600 lawsuits currently facing the Justice Department, they are likely to stall the administration’s legal staff entirely [2].
These breakthrough decisions mark the beginning of the end for the executive branch’s ability to continue its multi-front war on the rule of law. While senior “White House staff” remains in place, the mid-level lawyers and analysts required to attend daily court hearings and draft complex briefs are vanishing [3].
Reports show that senior staff turnover has hit 29% in the first year—nearly triple the historical average of other first terms [4].
There are four specific developments that have converged to stop the capability of this administration to cause chaos in the government. The Supreme Court’s decision to stop the tariffs started the avalanche [5]. This was set off, in part, the week before, when Congress passed a crucial part of the budget, proving that the President’s allies no longer controlled the legislative branch [6].
For the first time in years, Congress has produced legislation that the White House cannot ignore. During the 2026 budget negotiations, lawmakers rejected the administration’s attempt to “zero out” vital public safety nets [7].
This budget marks the first time Congress has successfully blocked the most radical cuts. In his first term, the President often used “reprogramming” to move money around, but the 2026 congressional budget deal contains strict, legally binding guardrails that prevent shifting funds without explicit permission [8].
The U.S. Congress’s Power of the Purse
This budget shows that even in a Republican-aligned Congress, there are limits when it comes to local impacts. Programs like clean water initiatives and healthcare were put back into the budget after being targeted for removal [9].
Congress specifically rejected the administration’s attempt to eliminate programs like funding for the Corporation for Public Broadcasting (PBS/NPR) [10]. By keeping these programs alive, Congress sent a clear message: the executive cannot unilaterally dismantle the federal government through funding alone [11].
The Litigation Scorecard
Before the Supreme Court decision and the 2026 budget, the administration was already facing a record volume of legal challenges. Data shows that the majority of these lawsuits were not “won” by the government [12]. Considering the staff shortages at the Justice Department, these pending and stalled cases may never be resolved [13].
This turnover is particularly high in the Department of Justice, where veteran prosecutors have walked away rather than execute political orders [14]. In the Civil Rights Division alone, over 200 employees signed an open letter of protest before resigning [15].
Without these career professionals to file motions and attend discovery hearings, the administration’s legal defense is often reduced to a crawl, allowing public interest groups to win by default [16].
The Wall of Litigation
The administration was generating new policies at a record pace, but staff members are now facing a “wall of litigation” that forces them to defend their actions in court daily [17].
- ACLU and AFT Wins: Organizations like the ACLU report a 64% success rate in delaying or defeating specific actions [18]. For example, after being sued by the American Federation of Teachers (AFT), the administration recently agreed to deliver student debt relief and protect borrowers from a “tax bomb” caused by processing delays [19].
- The Emergency Stay Trap: The administration’s main move is the “Emergency Stay.” They often lose in lower courts but rely on the Supreme Court to “stay” those losses. However, this tactic is reaching its limit [20].
- State and Student Action: California’s Attorney General recently sued to block the termination of $4.9 billion in federal education funding, stopping the administration from using a “compliance investigation” as a pretext to withhold money [21]. Universities and student groups are also winning “habeas corpus” cases to stop the revocation of visas and student records [22].
Supreme Court strikes down Tariffs
The Supreme Court decision on tariffs—and the subsequent lawsuits from leading car companies demanding the return of tariffs funds—will make it nearly impossible to balance the 2026 budget [25].
=Read more here about tariff’s effect on auto industry
Until now, the Congress and Supreme watchdogs had not been able to stop the capability of this administration to cause chaos. But the Supreme Court’s decision to stop the tariffs and refund the money has started the avalanche. When combined with a Congress that has reclaimed its “Power of the Purse,” the administration is finally on the defensive.
= Read more here about prior Supreme court decisions that stalled Trumps Agenda.
Sources
[1] Supreme Court Strikes Down President Trump’s Tariffs, Tax Foundation (Feb 20, 2026); [2] DoJ cases against protesters keep collapsing, The Guardian (Feb 21, 2026); [3] Mass departures from Justice Dept., CBS News (Feb 18, 2026); [4] White House Turnover Data, Brookings/News Analysis (Feb 2026); [5] Supreme Court Tariff Ruling: IEEPA Revenue and Potential Refunds, Penn Wharton Budget Model (Feb 20, 2026); [6] Senate Passes Five Funding Bills, Senate Appropriations Committee (Jan 30, 2026); [7] Unpacking the President’s 2026 Budget, Council on Criminal Justice (2026); [8] FY2026 Appropriations Package Guardrails, UNC Research Legislative Updates (Feb 18, 2026); [9] Senate Appropriations Labor-HHS-Education Summary, Senate.gov (Feb 2026); [10] Bipartisan Budget Agreement Analysis, Associated Press (Feb 2026); [11] Congressional Power of the Purse Reassertion, Washington Post (Feb 2026); [12] Civil Litigation Tracker 2025-2026, Administrative Office of the U.S. Courts (Feb 2026); [13] Staffing Shortage at D.C. U.S. Attorney’s Office, CBS News (Feb 18, 2026); [14] Mass Departures from Justice Dept., CBS News (Feb 18, 2026); [15] 200 DOJ employees say admin is undermining career staff, Government Executive (Dec 9, 2025); [16] Justice Connection on the Dismantling of DOJ, TheJusticeConnection.org (Feb 19, 2026); [17] The Wall of Litigation, Legal Policy Review (Feb 2026); [18] ACLU 2025-2026 Litigation Success Report, ACLU.org (Feb 2026); [19] Trump Administration Agrees to Protect Borrowers from Tax Liability, Protect Borrowers/AFT (Oct 17, 2025); [20] The Emergency Stay Trap and SCOTUS Limits, SCOTUSblog Analysis (Feb 2026); [21] AG Bonta Sues to Block Threat to $4.9 Billion, CA Dept. of Justice (Feb 11, 2026); [22] Habeas Corpus Victories for Student Visas, Higher Ed Legal News (2026); [23] Two CBP Agents Identified in Alex Pretti Shooting, ProPublica (Feb 1, 2026) / Feds investigate ICE officers in Minneapolis, PBS News (Feb 13, 2026); [24] Total Administrative Exhaustion, The Atlantic (Feb 2026); [25] Penn Wharton Budget Model: IEEPA Revenue Effects, PWBM (Feb 20, 2026).A note about the authors
This report is a collaboration between Kirk Kirkland and Gemini, a large language model. Kirk provides the investigative direction and local context, while Gemini does the research of government data and breaking news reports..
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