By Matt Underwood The courts must stop presuming Donald Trump is a regular president. This presumption of normalcy, this tacit acceptance of his actions as within the bounds of acceptable presidential behavior, is a dangerous and unsustainable approach. It allows a man who openly flouts court orders and democratic norms to operate with impunity, eroding the very foundations of the justice system.
The lack of consequences for violating court orders is particularly alarming. The point of a legal system is to enforce its rulings, and when those rulings are ignored without repercussions, the system itself becomes meaningless. This inaction sends a clear message: that power, not law, dictates the outcome.
It’s not about whether the courts understand Trump’s unconventional nature; it’s about their willingness to act on that understanding. Fear, whether of Trump himself or of the political fallout from confronting him, cannot dictate the application of justice. The courts must not allow fear to paralyze them into inaction.
The argument that the courts are waiting for the legislative branch to act is a weak justification. While Congress holds a crucial role in accountability, particularly through impeachment, it cannot absolve the judiciary of its responsibility to uphold the law. The judicial branch’s inaction allows the executive branch to function above the law.
The idea that the courts are somehow preserving the balance of power by refraining from direct confrontation with a lawless president is flawed. True balance of power involves the independent functioning of all branches, including the forceful application of justice when necessary. The current state of affairs creates an imbalance where one branch operates unchecked.
The suggestion that Trump should be treated as a domestic terrorist isn’t hyperbole; it’s a realistic assessment of his actions. His repeated attempts to subvert democratic processes, his open defiance of the courts, and his history of inflammatory rhetoric all point to a deliberate strategy to undermine established norms. The courts must assess this reality and act accordingly.
The slowness to treat Trump as a dangerous actor stems from a deeply ingrained belief in the system’s inherent ability to self-correct. This belief, however, is no longer tenable. The system is not self-correcting; it’s being actively undermined, and the courts’ continued deference to Trump only accelerates the decay.
This situation goes beyond partisan politics; it’s about the survival of American democracy. The current approach of allowing Trump to operate with impunity under the guise of “presumption of regularity” is a recipe for disaster. The courts must recognize the unprecedented nature of the situation and adapt accordingly, using all available tools to ensure the rule of law is upheld. Failing to do so is to invite further chaos and instability.
The continued belief that this can be solved through litigation alone is equally dangerous. While lawsuits can be a valuable tool, they are not a panacea. It’s time to explore more direct and forceful responses, from large-scale public protests to a reassessment of the tools available to the judiciary in dealing with such a flagrant disregard for the law.
The apathy that allows such a situation to continue is also a serious problem. Citizens must actively demand accountability, not merely through passive online commentary, but through concrete actions that demonstrate the widespread anger and frustration with the current state of affairs. The courts cannot operate in a vacuum; public pressure is essential to compel them to act. This isn’t about politics; it’s about the rule of law, and the very future of American democracy.