The New York Times, NO. 5
An
authoritarian defies the courts. Trump has started to.
Would-be
authoritarians recognize that courts can keep them from consolidating power,
and they often take steps to weaken or confront judges.
Mr. Trump
has baldly defied federal judges on several occasions. In March, for instance,
his administration ignored a federal judge’s order to turn around airplanes that
were deporting migrants to El Salvador. More often, the Trump administration
has engaged in gamesmanship, going around orders rather than directly
disobeying them. One example: After a federal judge blocked his deployment of
the Oregon National Guard, the administration moved to deploy National Guards from other
states instead.
So far,
Mr. Trump has defied no Supreme Court orders and has pledged not to. But the
justices have too often played into his strategy by failing to stand up for
lower courts.
The Bottom
Line
It is a hopeful sign that he has not ignored the Supreme Court, and the court
may yet block his most blatant power grabs. Still, the court’s reluctance to restrain him appears to have emboldened
him to sidestep lower court orders he does not like.
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