Trump's War on the Judiciary
President Trump's efforts to expand executive authority are clashing with the judiciary, causing a constitutional crisis.
Our country is in a crisis. Much of it is due to one man and his incessant need to hold onto power, irrespective of whether or not he has any right to do so. In yet another example of his perpetual need to expand his power, President Donald Trump has begun attacking the judiciary's power to check his administration. By attacking the judiciary and undermining the separation of powers, President Trump is threatening the rule of law and the well-being of the American people.
Trump's history of attacking the courts
When it comes to the judiciary, Trump has a long and sordid history of open hostility to the courts, especially regarding rulings that impact his power and perceived authority. In 2016, then-candidate Donald Trump asserted that US District Judge Gonzalo Curiel was unfit to rule on a case involving alleged fraud relating to the now-defunct Trump University. At the time, Trump argued that Judge Curiel was incapable of ruling impartially because of his Mexican heritage and that Judge Curiel's heritage would bias him because of Trump's immigration policy, referring to the Judge as a "hater." This racist attempt to smear a judge noticeably has nothing to do with the facts of the case, its merits, or any authority of the court, but Trump acted like it was fair game all the same.
Even when he got into power for his first term, Trump didn't ease off. As Al Jazeera explains:
"As Trump’s legal troubles mounted after his presidency ended in 2020, his attacks on judges became even more personal. Facing multiple indictments ranging from election interference to business fraud, Trump often took to social media to condemn judges overseeing his cases.
In his New York civil fraud case, where he was found liable for boosting his net worth, Trump called Judge Arthur Engoron “unhinged” and a “Trump-hating, radical left, Democrat operative.” He mocked his law clerk on social media, saying he was “politically biased and corrupt”, prompting a gag order.
Despite the restriction, Trump did not hold back.
In his federal election interference case, presided over by Judge Tanya Chutkan, Trump labelled her “highly partisan”, “very biased and unfair”, and suggested she was out to get him. His verbal assaults led prosecutors to argue that his rhetoric was endangering the judicial process and potentially inciting threats against judges and court staff.
Chutkan had warned Trump against making any “inflammatory statements” before the first hearing.
“Your client’s defence is supposed to happen in this courtroom, not on the internet,” Chutkan told Trump’s lawyers, adding that the more anyone made “inflammatory” statements about the case, the greater her urgency would be to quickly move the case to trial."
These attacks are not new, and nobody should surprised that the current administration is repeating them on a larger scale. What's different this time is that Trump is going out of his way to argue that the judiciary itself has no authority to check him.
Trump bends the law
After the Chief Judge of the United States District Court, James Boasberg, ordered a temporary hold on the administration's deportation of supposed Venezuelan gang members, Trump took to Truth Social to argue that Boasberg was illegitimate. In his post, he exclaimed, "This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!"
It's worth noting that the case that Boasberg was ruling on was addressing the question of Trump's attempt to use the 1798 Enemy Aliens Act. The act, which was passed and signed under then-President John Adams, was part of a series of acts known as the Aliens and Sedition Acts, specifically dealing with dissent and threats in wartime. The act strengthened government restrictions on foreign-born Americans and heavily restricted dissent towards government policies. The act had only been used three times before the Trump administration invoked it. One of the more infamous examples of this was the internment of Japanese Americans during World War 2.
As such, this law has been controversial, not only over its purpose and scope but also when it can be used. In many cases, the Supreme Court has held that the act is a wartime power upheld "Whenever there is a declared war between the United States and any foreign nation or government..." The United States, despite what some anti-immigrant activists are claiming, is not in a state of war or at risk of invasion. If you're looking for an example of an invasion, I would ask my Republican colleagues to look at what Russia is currently doing to Ukraine. As such, the use of this act is legally dubious. Even with this legal background, Trump deported the migrants anyway.
Trump continues to insist that the Judge putting a temporary halt on his orders is a threat to national security, going out of his way to defy court orders regarding the migrants he deported without due process, and it has not gone over well with the court. On Thursday, Judge Boasberg demanded to know exactly how the Justice Department hadn't violated his orders to halt the deportation of Venezuelan migrants and ordered the DOJ to provide their explanation by Tuesday. It is unlikely that the current administration will comply without some attempt at obfuscation.
Officials at the Justice Department have already attempted to get Judge Boasberg off the case, and Attorney General Pam Bondi has gone so far as to portray Judge Boasberg as a terrorist sympathizer, with some members of Congress going out of their way to remove Boasberg. Nor are government officials the only ones attempting to undermine the judiciary's power. Conspiracy theorist and noted pizzagate propagator Mike Cernovich has questioned the authority of the judiciary to check the Trump administration under the false pretense that Trump has a mandate.
The courts must stand strong
All of this is to say that Trump and his allies are actively attempting to undermine the authority of the judiciary with their conspiratorial rhetoric and propaganda. It has gotten so bad that Chief Justice Roberts, a man who has generally sided with the Trump administration, publicly called out the campaign against Judge Boasberg and the judiciary, saying:
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
While Trump is unlikely to listen to that warning, the American people should be ready and willing to expose the clear and present attack on our legal system. That means participating in politics, volunteering to engage in state and federal races, and protesting. We can’t sit on the sidelines. Not anymore.
References
“Alien and Sedition Acts (1798).” 2021. National Archives. https://www.archives.gov/milestone-documents/alien-and-sedition-acts (March 20, 2025).
Arhirova, Hanna. 2024. “Russian Missile Attack on Ukraine’s Largest Hospital Complicates Treatment of Kids with Cancer.” AP News. https://apnews.com/article/russia-ukraine-kyiv-bombing-hospital-cancer-0ac47b944af2ed20d840563727836f53 (March 20, 2025).
Biskupic, Joan. 2025. “John Roberts Has Enabled Trump. Now He Hopes to Restrain Him | CNN Politics.” CNN. https://www.cnn.com/2025/03/19/politics/roberts-trump-supreme-court-judges-analysis/index.html (March 20, 2025).
Ebright, Katherine. 2024. “The Alien Enemies Act, Explained | Brennan Center for Justice.” Brenance Center for Justice. https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained (March 20, 2025).
Feuer, Alan. 2025a. “Administration’s Details on Deportation Flights ‘Woefully Insufficient,’ Judge Says.” The New York Times. https://www.nytimes.com/2025/03/20/us/politics/trump-deportation-venezuela-tren-de-aragua.html (March 20, 2025).
Feuer, Alan et al., 2025. “Judge in Deportation Case Draws Ire of Republicans as White House Pushes Back.” The New York Times. https://www.nytimes.com/2025/03/18/us/politics/trump-venezuela-deportations-doj-court-order.html (March 20, 2025).
Fritze, John. 2025. “Chief Justice Roberts Rebukes Trump and GOP Rhetoric about Impeaching Judges | CNN Politics.” CNN. https://www.cnn.com/2025/03/18/politics/john-roberts-donald-trump-impeachment/index.html (March 20, 2025).
Kanno-Youngs, Zolan et al., 2025. “Trump Invoked the Alien Enemies Act to Speed Up Deportations: What to Know.” The New York Times. https://www.nytimes.com/article/alien-enemies-act-trump.html (March 20, 2025).
Kelly, Conor. 2025. “The Time to Resist Is Now.” The Progressive American with Conor Kelly. https://www.progressiveamerican.net/p/the-time-to-resist-is-now (March 20, 2025).
“Ludecke v. Watkins, 335 U.S. 160 (1948).” Justia Law. https://supreme.justia.com/cases/federal/us/335/160/ (March 20, 2025).
“‘Lunatic’: Trump’s Long History of Abusing Judges Who Oppose Him | Donald Trump News | Al Jazeera.” 2025. Al Jazeera. https://www.aljazeera.com/news/2025/3/20/lunatic-trumps-long-history-of-abusing-judges-who-oppose-him (March 20, 2025).
Raymond, Nate. 2025. “US Judge Who Criticized Trump Attacks on Judiciary Cleared of Ethics Complaints.” Reuters. https://www.reuters.com/legal/us-judge-who-faulted-trump-attacks-judiciary-cleared-ethics-complaints-2025-03-20/ (March 20, 2025).
Shelbourne, Mallory. 2017. “Writer Who Pushed ‘Pizzagate’ Conspiracy Theory Says He’ll Attend WH Briefing.” The Hill. https://thehill.com/homenews/media/330510-writer-who-pushed-pizzagate-conspiracy-theory-says-he-has-white-house-press/ (March 20, 2025).
Totenberg, Nina. 2016. “Who Is Judge Gonzalo Curiel, The Man Trump Attacked For His Mexican Ancestry?” NPR. https://www.npr.org/2016/06/07/481140881/who-is-judge-gonzalo-curiel-the-man-trump-attacked-for-his-mexican-ancestry (March 20, 2025).
Totenberg, Nina. 2025. “Trump Calls for the Impeachment of a Judge, as Lawsuits Pile Up.” NPR. https://www.npr.org/2025/03/18/nx-s1-5332086/trump-lawsuits (March 20, 2025).
Trump, Donald. 2025. “Truth Social.” Truth Social. https://truthsocial.com/@realDonaldTrump/114183576937425149 (March 20, 2025).