Published April 24, 2025
Many supporters of President Donald Trump seem to be attacking the judiciary when judges or appellate courts rule against the administration’s position. This is a potentially consequential mistake, for both the short- and long-term future of conservative-populist politics.
It’s understandable why MAGA activists are upset at many courts’ seeming eagerness to thwart the administration’s agenda. Many district judges are using their power to thwart legitimate executive objectives. Indeed, the unprecedented use of nationally binding injunctions by a single judge threatens to upend the separation of powers.
The Supreme Court is also not a reliable pro-administration tribunal. Chief Justice John Roberts often seems hesitant to back broad claims of executive power, and he is often joined by at least one other Republican-appointed justice. If conservatives wanted a rubber stamp Court rather than one that acted in accord with the law, they now realize their wishes have been thwarted.
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Henry Olsen, a senior fellow at the Ethics and Public Policy Center, studies and provides commentary on American politics. His work focuses on how America’s political order is being upended by populist challenges, from the left and the right. He also studies populism’s impact in other democracies in the developed world.
