University of Wisconsin–Madison

The Courts Cannot Save Us From Trump

The latest NY Times opinion by By Duncan Hosie, a legal scholar at the Stanford Constitutional Law Centerar, gues that courts alone cannot stop Trump’s attacks on constitutional norms because constitutional law depends on leaders respecting legal limits, and Trump instead treats the law as something to manipulate while using delay, uncertainty, and pressure to weaken opposition. Although litigation still matters, the piece contends that court victories are often too limited to stop the broader damage, as shown by the chilling effect on law firms and the administration’s willingness to keep fighting even after adverse rulings. The author’s main point is that meaningful resistance must come from politics, elections, and organized community action, since a constitutional order ultimately survives not just because judges defend it, but because ordinary people are willing to mobilize and protect it.

Read it here.