When it comes to lawsuits Trump is his own worse enemy. His numerous bigoted statements against Muslims undermined his travel bans by suggesting their purpose was an impermissible one of religious discrimination. Now on the heels of the stinging defeat of Trumpcare he has taken to Twitter once again with a Tweet that will set up arguments against his future executive actions related to Obamacare.
The Tweet is significant because it suggests that Trump believes the failure of Obamacare is in his best interests as through its failure he can achieve the policies he prefers. Obviously, as President, Trump is in a position to interpret and apply Obamacare, or through other actions or inactions, precipitate its demise. He could do this by implementing regulations interpreting provisions of Obamacare in a damaging way, or through other executive agency actions undermining the program.
This will likely result in lawsuits claiming what the Trump Administration did was “arbitrary and capricious,” one of the legal standards for reversing such executive agency actions. Trump’s Tweet above, and similar statements he has made, will undoubtedly be introduced as evidence of his capricious intent.
Trump is very good at making the jobs of his lawyers harder, and he never learns.