The Opinions Are the Courts Checking Trump — or Enabling Him?
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Jul 15, 2025 Michael McConnell, a former federal judge and law professor at Stanford University, shares insights on the courts’ complex relationship with President Trump. He discusses whether the judiciary acts as a check on Trump’s powers or if it inadvertently supports him. McConnell highlights notable legal challenges against executive orders, the evolving dynamics of checks and balances, and the impact of political rhetoric on judicial safety. The conversation underscores the judiciary's vital role in maintaining the rule of law during politically polarized times.
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Unprecedented Court Losses Against Trump
- The Trump administration faces historically unusual levels of court losses.
- Many rulings against Trump have significantly altered policy, especially in immigration.
Courts Replace Congress as Checks
- Courts act as a stronger check on the president than Congress nowadays.
- The framers expected Congress to check the president, but Congress often fails if the same party controls both.
Courts Resist Partisan Pressure
- Courts seem to avoid partisan bias despite political polarization.
- The judicial system sifts legal claims to find defensible answers, not taking sides for or against Trump.