PolicyCast
PolicyCast
Harvard Kennedy School
If the U.S. courts can’t defend the rule of law, who can?
46 minutes Posted Mar 19, 2025 at 5:05 pm.
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With a Republican Congress apparently unwilling to check President Donald Trump’s power, many Americans fear a looming constitutional crisis and are looking to the federal courts to ride to the rescue. But political scientist and Harvard Kennedy School Professor Maya Sen, who studies the federal judiciary, says the cavalry probably isn’t coming. The Trump administration has seemingly defied judicial orders on deportations, withholding congressionally appropriated funds for federal programs, eliminating birthright citizenship, and other issues. Meanwhile, surrogates like Vice President J.D. Vance and billionaire Elon Musk have stated in social media posts that Trump is simply not bound by judicial decisions and can do pretty much whatever he pleases. Trump has even joined with some of his political supporters calling for impeachment of judges who rule against him, prompting Supreme Court Chief Justice John Roberts to respond and call Trump’s statement “inappropriate.” With the legislative branch of government sitting on the sidelines and without a credible threat of impeachment, Sen says the judiciary is no match for an authoritarian executive in terms of speed of action and political muscle—and was never intended to be. And even if it had been, structural issues with the way decisions are made and how judges are chosen give conservatives an advantage, and have resulted in a Supreme Court that is largely out of step with public opinion. Sen talks with PolicyCast host Ralph Ranalli about what can be done to restore both the separation of powers and the balance of power in the U.S. government during this unprecedented pivotal moment in American history.
Maya Sen’s Policy Recommendations:
* Pass a constitutional amendment to end lifetime appointments and limit terms for federal judges, including Supreme Court justices, to 18 years to help depoliticize the process of judicial selection.
* Exert public and electoral pressure on Congress and political leaders to defend the legislative branch’s constitutional prerogatives and to stop ceding power to the executive branch.