Donald Trump isn’t backing down in his fight with the courts.
Trump and his allies are still pushing for the impeachment of Judge James Boasberg, who angered Trump by questioning the legality of deporting alleged Venezuelan gang members to El Salvador.
The administration is becoming more defiant, with the Justice Department recently invoking the state secrets privilege and refusing to provide Boasberg with more details about the flights, even though he suspects the administration may have ignored a court order.
A bigger question behind this conflict is whether the Trump administration plans to ignore or defy future court rulings, even from the Supreme Court.
That could create a major constitutional crisis, which many Democrats and Trump critics have feared since Trump began making bold moves to reshape the federal government.
The idea isn’t far-fetched; Vice President JD Vance, Elon Musk, and some conservative activists have suggested the administration could challenge the courts.
However, Trump has repeatedly said he will comply with court rulings, despite his disagreements.
Trump’s willingness to follow court decisions might seem surprising given his combative nature, but it’s not out of respect for constitutional order. It’s more about protecting his political standing and ability to push his agenda.
Public support for ignoring court orders is very low. Polls show that more than 80% of Americans reject the idea of a president disregarding court decisions.
Conservative legal experts also agree that Trump would be on shaky legal ground.
Saikrishna Prakash, a law professor at the University of Virginia and former clerk for Supreme Court Justice Clarence Thomas, said the Constitution requires the executive branch to comply with court rulings.
Ilya Shapiro, a legal analyst at the Manhattan Institute, stated that a president defying a court order is never permissible.
Josh Blackman, a professor at South Texas College of Law, suggested that non-compliance might be justified only in rare cases where immediate compliance is impossible.
Ilan Wurman, a law professor at the University of Minnesota, argued that the government shouldn’t have to comply with an order if the court lacks jurisdiction.
However, he noted that the tricky part is deciding who gets to determine if the court has jurisdiction — the judiciary or the executive branch.
The only expert who openly supported defying the courts was Mike Davis, a vocal Trump supporter. Davis claimed the president has a constitutional duty to ignore any unlawful court order that puts American lives at risk.
If Trump openly defied the courts, he’d likely lose support from all but his most loyal followers.
That would damage his approval ratings, political influence, and legacy — things Trump values highly.
There are also strategic reasons for Trump to stay aligned with the courts. Republicans have spent decades reshaping the Supreme Court, which now has six conservative justices.
This court has already ruled in favor of conservative positions on issues like abortion, affirmative action, and administrative power.
Trump would be risking future legal victories if he alienated justices like Chief Justice John Roberts or Amy Coney Barrett.
Trump’s push to expand presidential power under the unitary executive theory, which includes firing members of independent agencies despite legal limits, is also at stake.
If Trump provokes the Supreme Court, he could jeopardize rulings that would strengthen executive authority.
Chris Christie recently warned that angering the Supreme Court could backfire. If Trump challenges the court too much, he might lose support from justices who have otherwise been helpful to him.
Defying the Supreme Court would also damage the court’s public image, which could weaken the conservative legal movement that Trump has embraced.
Republican lawyers have worked for years to create a conservative-leaning court, and Trump benefits from that structure.
Trump understands that the Supreme Court isn’t his enemy. The court helped him last summer when it ruled in his favor on the January 6 indictment, which could have ended his political career and led to jail time.
If Trump were to defy the court, the consequences would be unpredictable and dangerous for everyone, including Trump.
Ignoring court rulings would set a dangerous precedent for future presidents. A Democratic president could then refuse to follow Supreme Court decisions on abortion, affirmative action, or any other issue.
Trump is likely to win many legal battles in the Supreme Court. But by challenging the court’s authority, he could open the door for future presidents to use the same tactics, with unpredictable results.
The Trump administration — and conservatives more broadly — would be wise to avoid this dangerous path.
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