One of the most profound and significant developments in the human psychebeginswhenthechildbecomes aware that they are actually a being who is separate from their caregiver. This leads to them developing the concept, as well as the word, “No.” There’s a reason this stage is called the “terrible twos.” Have you ever tried to get a toddler to admit being wrong, or, heaven forbid, apologize? (If not, just check current headlines for examples.)
A basic judicial system has been around as long as humans have been living in groups, because people disagree and everyone wants their way. The survival of the group, clan, tribe, state, nation and civilization as a whole depends on everyone respecting a system used to resolve disputes.
For instance, our Supreme Court last week decided by a 7-2 majority that the Trump administration was required to stop deportations that did not allow sufficient notice and due process for those it wished to deport. Trump pouted and whined in his social media response to this ruling, but the real issue is whether the decision is accepted as having the power of law. Trump recently stated in a televised interview that he didn’t know whether he had to uphold the United States Constitution, but that he relied on his lawyers to tell him. Uh, what?
Political parties notwithstanding, the vast majority of Americans believe in the rule of law and the centrality of our Constitution to the orderly functioning of our nation. They believe in the idea that the three branches of government are “co-equal,” meaning that each branch can act as a counterweight to the power of the others, so that no singlebranchacquirestoomuchpower.
A problem can occur when the President and the majority of both houses of Congress are from the same political party, as is the case now. The Republican legislators do not seem to be objecting to many of Trump’s executive actions that are usurping powers normally belonging to Congress, such as his rescinding funding that had already been approved or firing federal employees without specific cause as required by law. Why do they tolerate violations of laws and decisions they themselves made?
This abdication of responsibility by Congress leaves the judicial branch with the job of maintaining the guardrails against abuses of Presidential power. In an unprecedented display of unanimity, a recent letter from over 150 retired state and federal judges to Attorney General Pam Bondi criticized what the justices called a pattern of intimidation and retaliation against judges who have ruled against the administration’s policies.
The justices highlighted several key issues, including defiance of judicial orders such as orders to stop deportations that were unlawful; attacks on judicial independence by calling for the impeachment of judges who ruled against the administration’s policies; and the misuse of presidential powers such as the pardons of individuals who had been convicted in connection with the January 6 riot at the US Capitol. These judges had been nominated by both parties and were speaking as guardians of the rule of law, not as proponents of liberal or conservative viewpoints. They were saying the administration’s actions were unlawful, and that was the reason they disagreed, not because of the policy behind the actions.
During the past 150 years, the phenomenon of “midterm loss” has been a regular feature of US politics. This means that one-party control of both White House and Congress, when it occurs, is disrupted by the midterm elections. There’s every reason to hope that 2026 will bring this expected disruption to the Trump administration, most likely in the House of Representatives, so that the lawless juggernaut of Project 2025 will be thwarted, or at least slowed, on its path to the destruction of the federal government.
We will have the courage and clear thinking of our judges to thank if our nation survives the current assault on its highest and most laudable principle: the rule of law.
SusanHullisaretiredclinicalpsychologist, ahorsetrainerandanIndependent voter.AsaTrumpcriticwiththreetattoos who might be a birthright citizen, she hopes there will be judges she can count ontoavoidbeingdeportedtoCanada.
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