In my posts about a slide into an authoritarian state, I have focused largely on the possibility that Trump will simply ignore court orders that he doesn’t like. This assumes that the judiciary–and in particular, the Supreme Court–will stand up to any attempt to crush liberal democracy. But is that judicial opposition inevitable?
Far from it. The Court’s limited power rests on its legitimacy in the court of public opinion, which has waned in recent years. The Court has also shown a willingness to overturn well-established precedents. What if John Roberts decides that he can’t prevail in a battle with Trump, so the best way to preserve at least the shell of judicial independence is to avoid a showdown by reinterpreting the law in radically new ways that facilitate an authoritarian state?
It could happen.