Last month, House Speaker Mike Johnson proposed the possibility of eliminating some federal courts. “We do have authorizations for the federal court as you know,” Johnson told reporters. “We can eliminate the entire district court. We have the power to fund the court and all of these other aspects.”
In short, the U.S. president believes that he is not bound by federal regulations and does not have to obey federal court orders. Therefore, the constraint dimension of the rule of law has not been met at present in the United States.
– Aziz Huq, Professor at the University of Chicago Law School
It is too early to assume that the Supreme Court will overturn it for him, or that he will directly disobey the Supreme Court's ruling.
– Daniel Farber, professor at the University of California, Berkeley, Law School
The impression of the constitutional crisis is misleading. This impression was originally created by the senior district judge chosen by the plaintiff, who won a temporary victory and took advantage of the victory in the media. If a crisis occurs, it is not caused by government actions, but rather a series of highly aggressive judicial rulings that have violated traditional legal restrictions that limit the relationship between the judiciary and the executive branch – limiting the courts that have been respected during the Biden administration.
– Adrian Vermeule, professor at Harvard Law School
What does Mr. Trump’s inaction add up? Where do they suggest the president to move forward? We also want to ask these questions to our legal scholars.
Trump is surrounded by couples, with no restrictions on the constitution and federal regulations.
– Michael Dorf, professor at Cornell Law School
President Trump appears to be seeking to simultaneously conduct selective but ruthless legal enforcement and to demolish the nation's general ruling capacity. …It is nothing more than a dictatorial system, as such systems are greatly reduced in the system, because of concerns about targeted retribution and the lack of basic indicators of trust in the government until elections are conducted. We have a lot to fear.
– Jamal Greene, Professor at Columbia Law School
Our constitutional system is on the brink of a knife.
– Jack Balkin, professor at Yale Law School
We have witnessed a wide expansion of presidential power and the checks and balances begin to collapse. This has serious implications – we are experiencing a constitutional crisis (though some say we are already there).
– Professor Rose Sevalsol, Professor, Newark Rutgers Law School
Trump's role in lawyers and judges as defenders of freedom of speech, the concept of rule of law and law is an existential threat to the US constitutional democracy.
– Burt Neuborne, professor at New York University School of Law
Accurate revenge on private vendetta using government leverage – sending people to foreign prisons without due process, dismantling institutions and refusing to spend appropriation funds and universal retaliation for the exercise of First Amendment rights…is an action of an authoritarian government, not a liberal democracy.
– Katie Eyer, Professor of Rutgers Law School, Camden
The politicization of the Justice Department has made me the most disturbing. Trump is using his power to guide individuals in criminal prosecution. He is firing a lawyer he believes is not enough to be loyal. He has served as Loyalist as Chief Prosecutor.
– Daniel Epps, Professor at Washington University School of Law, St. Louis
Even if Trump is blocked from dying on his orbit tomorrow, it may take years, about decades to eliminate damage and rebuild public trust, rebuild our civic infrastructure and restore the rule of law. – Jon Michaels, professor at UCLA Law School
I think it can be concluded that the U.S. constitutional system is on the verge of autocratic takeover. “Authoritarian constitutionalism” is not contradictory. Unless Trump’s takeover is refuted, our system will retain the familiar form of the constitution while becoming more liberal, undemocratic and corrupt. The struggle to avoid such fate has been launched in court. This is a necessary first step. But for a longer-lasting victory against Trumpism, the country will need a large number of political opposition, as well as a major reform plan to respond to Trump’s legitimate complaints.
– David Pozen, professor at Columbia Law School.
