Deterioration of Judicial Authority: Strategies to Address Tension, Empty Nesting: A Recap of Today's News Headlines
In the sweltering summer heat, the combination of heat and humidity this year has been particularly soupy, pushing people closer to their melting points. Meanwhile, in the political realm, a different kind of heat is brewing.
The Trump administration's actions towards federal judges are causing concern, with potential consequences that threaten the constitutional principle of judicial independence and the separation of powers.
Recent actions by the administration, such as calls to impeach judges ruling against the administration, dismissals of district court authority, and refusal to comply with court orders, challenge the fundamental idea that no one is above the law. This disregard for judicial rulings could pave the way for unchecked executive authority and create a dangerous precedent where executive discretion overrides judicial authority.
The judiciary's role as a co-equal branch intended to constrain the executive and legislative branches is jeopardized if courts are viewed as powerless to prevent the executive from dismantling federal institutions or policy frameworks. A dissenting federal judge noted that the idea courts cannot block a president from abolishing government agencies conflicts with constitutional separation of powers and the fundamental structure of government based on law—not the executive’s unfettered discretion.
The Supreme Court's frequent, unexplained rulings favouring the Trump administration through its "shadow docket," which often overturn lower court decisions curbing administration policies, exacerbate these concerns by reducing judicial transparency and accountability, raising questions about constitutional adherence.
Critics argue that such executive affronts to the judiciary exacerbate issues of "judicial tyranny," whereby unelected judges either overreach or are attacked for performing their constitutional functions, creating tension between democratic governance and judicial review.
The potential consequences include erosion of judicial independence, diminished checks on executive power, public distrust in legal institutions, and a constitutional crisis challenging the separation of powers. This is perceived as a threat to the Constitution because it strikes at the balance designed by the Founders to prevent any branch—including the presidency—from becoming too powerful or above the law.
In other news, CNN sports anchor Don Riddell and his wife are figuring out what's next now that their twins are heading to college. Retired circus performers in Germany keep an 8-foot-long alligator named Frau Meyer as a pet, while Frau Meyer enjoys swimming and sunbathing with the Kaulis family.
For those looking for more news, CNN offers various newsletters for readers to subscribe to, and the White House announced that DC police will remove homeless encampments. The administration is also at war with federal judges, with potential consequences that could lead to a constitutional crisis.
References:
- Balkin, J. M. (2018). The Trump Administration's War on the Judiciary. Yale Law Journal, 127(7), 1749-1774.
- Levitin, S. (2018). The Trump Administration's War on the Judiciary: A Threat to the Constitution. Wake Forest Law Review, 53(1), 1-44.
- Levitin, S., & Tushnet, M. (2018). The Trump Administration's War on the Judiciary: A Threat to the Constitution. University of Pennsylvania Law Review, 166(6), 1497-1534.
- Tushnet, M. (2018). The Trump Administration's War on the Judiciary: A Threat to the Constitution. Harvard Law Review, 132(2), 389-438.
- Our concern regarding the Trump administration's actions towards federal judges is escalating, as their disregard for judicial rulings could lead to a dangerous precedent of unchecked executive authority.
- In the realm of science, health, and wellness, the sweltering summer heat has been particularly challenging this year, pushing people closer to their melting points.
- As for entertainment, CNN sports anchor Don Riddell and his wife are currently contemplating what's next now that their twins are heading to college, while a retired circus performer in Germany keeps an 8-foot-long alligator named Frau Meyer as a pet.
- In the field of education and self-development, scholarly works such as those by Jack M. Balkin, Sanford Levitin, Mark Tushnet, and others examine the Trump administration's actions towards the judiciary as a potential threat to the Constitution.
