President Trump’s tug-of-war with the courts, explained

The Supreme Court handed President Donald Trump a big win on June 27, 2025, by limiting the ability of judges to block Trump administration policies across the nation.

But Trump has not fared nearly as well in the lower courts, where he has lost a series of cases through different levels of the federal court system. On June 5, a single judge temporarily stopped the administration from preventing Harvard University from enrolling international students.

And a three-judge panel of the U.S. Court of International Trade blocked Trump on May 28 from imposing tariffs on China and other nations. The Trump administration has appealed this decision. It will be taken up in July by all 11 judges on the United States Court of Appeals for the Federal Circuit.

After that, the case can be appealed to the Supreme Court.

I’m a scholar of the federal courts. The reasons why some courts have multiple judges and others have a single judge can be confusing. Here’s a guide to help understand what’s going on in the federal courts.

Federal District Courts

The U.S. District Courts are the trial courts in the federal system and hear about 400,000 cases per year. A single judge almost always presides over cases.

This makes sense for a jury trial, since a judge might make dozens of spur-of-the-moment decisions during the course of a trial, such as ruling on a lawyer’s objection to a question asked of a witness. If a panel of, say, three judges performed this task, it would prolong proceedings because the three judges would have to deliberate over every ruling.

A more controversial role of District Courts involves setting nationwide injunctions. This happens when a single judge temporarily stops the government from enforcing a policy throughout the nation.

There have been more than two dozen nationwide injunctions during Trump’s second term. These involve policy areas as diverse as ending birthright citizenship, firing federal employees and banning transgender people from serving in the military.

Trump and Republicans in Congress argue that the ability to issue nationwide injunctions gives too much power to a single judge. Instead, they believe injunctions should apply only to the parties involved in the case.

On June 27, the Supreme Court agreed with the Trump administration and severely limited the ability of District Court judges to issue nationwide injunctions. This means that judges can generally stop policies from being enforced only against the parties to a lawsuit, instead of everyone in the nation.

In rare instances, a panel of three District Court judges hears a case. Congress decides what cases these special three-judge panels hear, reserving them for especially important issues. For example, these panels have heard cases involving reapportionment, which is how votes are translated into legislative seats in Congress and state legislatures, and allegations that a voter’s rights have been violated.

The logic behind having three judges hear such important cases is that they will give more careful consideration to the dispute. This may lend legitimacy to a controversial decision and prevents a single judge from exercising too much power.

There are also specialized courts that hear cases involving particular policies, sometimes in panels of three judges. For instance, three-judge panels on the U.S. Court of International Trade decide cases involving executive orders related to international trade.

The federal Court of Appeals

The U.S. Court of Appeals hears appeals from the District Courts and specialized courts.

The 13 federal circuit courts that make up the U.S. Court of Appeals are arranged throughout the country and handle about 40,000 cases per year. Each circuit court has six to 29 judges. Cases are decided primarily by three-judge panels.

Having multiple judges decide cases on the Court of Appeals is seen as worthwhile, since these courts are policymaking institutions. This means they set precedents for the judicial circuit in which they operate, which covers three to nine states.

Supporters of this system argue that by having multiple judges on appellate courts, the panel will consider a variety of perspectives on the case and collaborate with one another. This can lead to better decision-making. Additionally, having multiple judges check one another can boost public confidence in the judiciary.

The party that loses a case before a three-judge panel can request that the entire circuit rehear the case. This is known as sitting en banc.

Because judges on a circuit can decline to hear cases en banc, this procedure is usually reserved for especially significant cases. For instance, the U.S. Court of Appeals for the Federal Circuit has agreed to an en banc hearing to review the Court of International Trade’s decision to temporarily halt Trump’s sweeping tariff program. It also allowed the tariffs to remain in effect until the appeal plays out, likely in August.

The exception to having the entire circuit sit together en banc is the 9th Circuit, based in San Francisco, which has 29 judges, far more than other circuit courts. It uses an 11-judge en banc process, since having 29 judges hear cases together would be logistically challenging.

The US Supreme Court

The U.S. Supreme Court sits atop the American legal system and decides about 60 cases per year.

Cases are decided by all nine justices, unless a justice declines to participate because of a conflict of interest. As with other multimember courts, advocates of the nine-member makeup argue that the quality of decision-making is improved by having many justices participate in a case’s deliberation.

Each Supreme Court justice is charged with overseeing one or more of the 13 federal circuits. In this role, a single justice reviews emergency appeals from the District Courts and an appellate court within a circuit. This authorizes them to put a temporary hold on the implementation of policies within that circuit or refer the matter to the entire Supreme Court.

In February, for example, Chief Justice John Roberts blocked a Court of Appeals order that would have compelled the Trump administration to pay nearly US$2 billion in reimbursements for already completed foreign aid work.

In March, a 5-4 majority of the high court sent the case back to U.S. District Judge Amir Ali, who subsequently ordered the Trump administration to release some of the funds.

The federal judicial system is complex. The flurry of executive orders from the Trump administration means that cases are being decided on a nearly daily basis by a variety of courts.

A single judge will decide some of these cases, and others are considered by full courts. Though the nine justices of the Supreme Court technically have the final say, the sheer volume of legal challenges means that America’s District Courts and Court of Appeals will resolve many of the disputes.