Skip to content
Search

Latest Stories

Top Stories

The Importance of Respecting Court Orders

The Importance of Respecting Court Orders
brown wooden chess piece on brown book

The most important question in American politics today is whether Donald Trump will respect court orders. Judges have repeatedly ruled against his administration.

But will he listen?


In America, the courts—not the president or Congress—resolve disputes and, in the process, define the Constitution and federal laws. This principle is known as judicial review. It arose in the 1803 case Marbury v. Madison, when Chief Justice John Marshall declared that judges define the law: “It is emphatically the province and duty of the judicial department to say what the law is.”

It’s been this way ever since.

Following court orders allows expectations to be set, disputes to be resolved, decisions to be honored, and litigants to move on. This is especially important when, like today, political passions run high. Without a deep and powerful tradition in America of respecting court orders as the last word, disputes would drag on, multiply, and intensify.

Indeed, if we don't all agree on who has the last word, then no one does. And if no one does, then we won’t have a coherent, stable or effective legal system.

Donald Trump cares little about America’s legal traditions, including judicial review. He just wants to get his way. He’s already pushing the limits, arguably violating a judge’s March 15 order to return two planes carrying deportees Trump alleges are Venezuelan gang members. And Vice President JD Vance, for his part, recently suggested on X (formerly Twitter) that the administration wouldn’t follow certain court orders: “If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that's also illegal. Judges aren't allowed to control the executive's legitimate power.”

This attitude is disturbing to many, including Chief Justice John Roberts. In his 2024 year-end report, Roberts warned that officials “from across the political spectrum have raised the specter of open disregard for federal court rulings. These dangerous suggestions, however sporadic, must be soundly rejected.”

Some of Trump’s biggest supporters agree. Missouri Senator Josh Hawley, for example, recently said that, “I think you can dislike the court’s opinion and think they’re wrong on the substance, and criticize them for that, and you certainly can vigorously appeal … I think outright, sort of just like, ‘Oh, we’re just going to ignore the decision completely?’ That, I think you can’t do.”

Having the power to resolve disputes reposed in the judiciary isn’t just blind tradition. It makes good sense. Judges restrain the presidency. They check administrative agencies. And they keep Congress in line. Under the Constitution, moreover, judges sit for life upon good behavior. They don’t campaign or run for reelection and are therefore politically insulated. Yet because judges must be nominated by the president and confirmed by the Senate, democratic accountability undergirds their selection.

The result is a judiciary that tends to be more rational and principled than the executive and legislative branches. “The Judiciary,” Alexander Hamilton wrote in Federalist No. 78, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment.” While the judiciary has made mistakes, compared to the political branches (often a low bar, admittedly) it has exercised its judgment well. It does so today with consistent rulings rejecting Trump’s overreaching executive actions.

America’s constitution, legislation, and judicial opinions set laws on paper. However, respect for the rule of law, in people’s hearts and minds, is the necessary precondition for the legal system to work. This starts with respecting court orders. Judicial review has been a bedrock tradition of American democracy for more than two centuries. It has been tested in great legal battles over the separation of powers, federalism, abortion, desegregation, and even presidential powers during wartime. And it has survived: people on the losing side of cases, including presidents, have uniformly respected court orders.

The question looming over the country today is whether Donald Trump will, too.

William Cooper is the author of How America Works … And Why It Doesn’t

Read More

Manhunt in Minnesota Following “Politically Motivated” Shootings

A vehicle belonging to Vance Boelter is towed from the alley behind his home on June 14, 2025 in Minneapolis, Minnesota. Boelter is a suspect in the shooting of two Democratic-Farmer-Labor lawmakers.

(Photo by Stephen Maturen/Getty Images)

Manhunt in Minnesota Following “Politically Motivated” Shootings

A massive search is underway for Vance Boelter, accused of fatally shooting Democratic lawmaker Melissa Hortman and her husband and injuring State Sen. John Hoffman and his wife in what authorities are calling “politically motivated” shootings.

The FBI is offering a $50,000 reward for information that leads to the arrest of Boelter, whom authorities say was impersonating a police officer at the time of the shooting. Investigators also say the suspect had a vehicle with emergency lights and sirens.Inside the vehicle, they found a manifesto with lawmakers' names on it, as well as papers with No Kings written on them.

Keep ReadingShow less
Supreme Court Changes the Game on Federal Environmental Reviews

A pump jack seen in a southeast New Mexico oilfield.

Getty Images, Daniel A. Leifheit

Supreme Court Changes the Game on Federal Environmental Reviews

Getting federal approval for permits to build bridges, wind farms, highways and other major infrastructure projects has long been a complicated and time-consuming process. Despite growing calls from both parties for Congress and federal agencies to reform that process, there had been few significant revisions – until now.

In one fell swoop, the U.S. Supreme Court has changed a big part of the game.

Keep ReadingShow less
Ed Martin’s Plan to Shame Trump's Enemies Threatens the Rule of Law

The Department of Justice logo is displayed.

Getty Images, Andrew Harnik

Ed Martin’s Plan to Shame Trump's Enemies Threatens the Rule of Law

For a long time, scholars, commentators, and officials have debated the efficacy of shame as a form of punishment. Opinion has been divided over the efficacy and appropriateness of using it as a response to a criminal conviction.

But nowhere did anyone ever suggest that shaming someone would be an acceptable reason to prosecute them. Until now.

Keep ReadingShow less
After Decades of Taking Others’ Freedom, Prosecutors Cry Foul Over Fixing Their Mistakes

A small Lady Justice statue.

Getty Images, MarianVejcik

After Decades of Taking Others’ Freedom, Prosecutors Cry Foul Over Fixing Their Mistakes

Louisiana District Attorneys Association (LDAA), a special interest lobbying group, stands in the way of justice in Louisiana. On May 21, the LDAA successfully blocked a legislative pathway for hundreds of people to receive fair constitutional trials. Louisiana is the only state in the United States of America where people are serving sentences in prison, some for life, where a jury did not agree on whether they were guilty.

For nearly 1,000 people in Louisiana prisons, a jury could have found them guilty but instead returned a verdict that would be called a “hung jury” if the case had been tried in Alabama, Texas, New York, California, Mississippi, and other states.

Keep ReadingShow less