Eroding judicial independence often involves undermining the courts’ ability to act as a check on executive power. During the Trump Administration, several of his strategies have raised concerns about this trend.
Strategies
- Defiance of Court Orders: The administration has been accused of ignoring or delaying compliance with judicial rulings. For instance, federal judges criticized the administration for failing to halt deportation flights as ordered, with some describing this as a “stress test” on the judiciary.
- Attacks on Judges: Trump publicly criticizes judges who rule against his policies, including calling for the impeachment of a judge who blocked one of his executive orders. Such rhetoric undermines public trust in the judiciary’s impartiality.
- Efforts to Limit Judicial Oversight: The administration has sought to restrict the power of federal judges to issue nationwide injunctions, arguing that such rulings overstep judicial authority.
- Judicial Appointments: While appointing judges is a standard presidential power, critics argue that some appointments were aimed at ensuring loyalty rather than maintaining judicial independence.
Examples
- Deportation Flights: A federal judge in D.C. found probable cause that the administration had willfully disobeyed an order to halt deportation flights carrying individuals to El Salvador. The administration argued that the flights were already over international waters and thus exempt.
- Judge Gonzalo Curiel: Trump accused Curiel of bias due to his Mexican heritage during the Trump University lawsuit, sparking widespread condemnation.
- Consumer Financial Protection Bureau (CFPB) Layoffs: A judge paused mass layoffs at the CFPB, stating they violated a prior court order. The administration was accused of proceeding with actions that disregarded the ruling.
- Kilmar Abrego Garcia Case: U.S. District Judge Paula Xinis criticized the administration for resisting her order to facilitate the return of Kilmar Abrego Garcia, a man mistakenly deported to El Salvador. Despite multiple rulings, the administration has delayed compliance, citing resistance from El Salvador’s government.
- Judge James Robart: Trump referred to Robart, who blocked his 2017 travel ban, as a “so-called judge” in a tweet, undermining the judiciary’s credibility.
- Judge James Boasberg: Boasberg faced personal attacks after ruling against the administration’s deportation policies, with officials criticizing him on social media and in public appearances.