Six months into Donald Trump’s second term in the US, tensions between his administration and the federal judiciary have intensified to levels current and former judges say could edge toward a constitutional crisis. The administration has sued an entire federal district court, filed misconduct complaints against prominent judges, and at times defied or delayed compliance with court orders in politically sensitive cases, particularly on immigration, CNN reported.
Unprecedented legal actions against judges
This summer, the US Justice Department sued all judges of the Maryland federal district court after its chief judge blocked immigration removals. Around the same time, the administration lodged a misconduct complaint against James “Jeb” Boasberg, chief judge of the DC District Court, accusing him of bias after private remarks he allegedly made to Chief Justice John Roberts. Such moves have rattled the legal community, which sees them as an aggressive challenge to judicial independence.
How judges are fighting back — and where they’re constrained
Judges can use contempt proceedings, fines, and referrals for professional discipline to counter executive defiance. However, courts lack direct enforcement power and often move slowly, giving the administration room to delay compliance. In some cases, Trump-appointed judges and a conservative-leaning Supreme Court have sided with the administration, limiting how far lower courts can push back.
Flashpoints in immigration and federal funding disputes
Boasberg and other judges have clashed with the administration over the deportation of detainees to El Salvador without due process, with whistleblowers alleging top Justice Department officials considered openly ignoring court orders. In another case, a Trump-appointed judge in Rhode Island warned the administration it might be violating an order to release $760 million in affordable housing grants. These disputes have underscored how court authority depends on executive cooperation.
Are we in a constitutional crisis?
Some legal experts, like Georgetown law professor Steve Vladeck, say the situation is more about undermining judicial power in preparation for a larger confrontation, rather than a full crisis. Judges note the executive branch is still complying with Supreme Court rulings, a key threshold for a true breakdown. But others warn the current path risks eroding respect for the judiciary and normalizing defiance of lawful orders.
The long-term stakes for judicial independence
Conservative appeals court judge J. Harvie Wilkinson III has compared the moment to historic tests of executive compliance, warning that sustained conflict between the branches will diminish both. Former judges have cautioned that if the administration’s approach succeeds, it could “run roughshod” over judicial checks on executive power. How the courts respond — and how far the administration is willing to push — could redefine the balance of power for years to come.
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