In his second term, President Donald Trump has tested the limits of the rule of law in America as never before, pushing boundaries that threaten to upend long-standing democratic principles. His actions have frequently brought the U.S. close to a constitutional crisis, at times defying judicial authority, advocating for the removal of established rights like birthright citizenship, and even suggesting that U.S. citizens convicted of violent crimes could be deported to foreign jails.
Trump’s combative approach has often targeted judges who issue rulings he disagrees with, even making personal attacks on those judges. At times, members of his administration have suggested that judicial orders can be ignored, creating further tension with the judiciary. Earlier this month, a federal judge determined that the Trump administration’s “reckless disregard” of his order in a deportation case provided probable cause for holding the government in criminal contempt.
In addition to these contentious interactions with the courts, Trump has taken aim at law firms that have opposed him. Through executive orders, he has sought to deny certain firms the security clearances necessary to consult on protected information, restricted their access to government officials and buildings, and cut off federal contracts. Some firms have fought back with lawsuits, while others have complied, offering nearly $1 billion worth of free legal representation for causes closely aligned with the administration’s agenda, such as police and first responders.
The government's actions have been described as "breathtaking in its audacity and lack of decorum" by retired federal judge John Jones, who was appointed by President George W. Bush. "It's unlike anything I have ever seen from the Justice Department," Jones told CNN.
With close to 190 lawsuits filed against the administration, federal judges have issued temporary blocks on key elements of Trump’s agenda. These include anti-diversity measures, a pause on refugee admissions, and a freeze on most federal grant spending. Some of these cases have already reached the conservative-majority Supreme Court, resulting in mixed rulings.
At the core of the ongoing conflict between Trump and the courts is a debate about the extent of judicial power over national policy. While the courts maintain they are exercising necessary checks and balances, Trump argues that liberal judges are overstepping their bounds and curbing his executive authority. This line of thinking aligns with a conservative legal theory known as the "unitary executive theory," which posits that the president holds sole authority over the executive branch.
Trump expressed his frustration on his Truth Social platform: “My team is fantastic, doing an incredible job, however, they are being stymied at every turn by even the US Supreme Court.”
In a recent dissenting opinion on a deportation case, Supreme Court Justice Sonia Sotomayor warned of the dangers of ignoring judicial review: “History is no stranger to such lawless regimes. But this Nation's system of laws is designed to prevent, not enable, their rise,” she wrote.
Next month, the Supreme Court is set to hear arguments regarding Trump’s attempt to end automatic citizenship for children born on U.S. soil—an initiative that has faced resistance from multiple federal judges. The Court’s focus, however, will not be on the constitutionality of the move but rather on the technical issue of whether lower courts have the right to issue nationwide injunctions halting the president's policies.
Clark Neily of the Cato Institute, a libertarian think tank, believes that the Trump administration has found a loophole in the judicial system's ability to enforce accountability. "The judiciary has helped create what amounts to an accountability-free playground for government officials who abuse their powers and violate people's rights," Neily wrote on X. "And wow, this administration is exploring that space like a coked-up spider monkey."
(With inputs from agencies)
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