Can judicial review stop a lawless executive?

Courts are pausing dozens of Trump administration…

An episode of the The Science of Politics podcast, hosted by Niskanen Center, titled "Can judicial review stop a lawless executive?" was published on March 5, 2025 and runs 59 minutes.

March 5, 2025 ·59m · The Science of Politics

Summary

Courts are pausing dozens of Trump administration actions—from mass firings to agency shutdowns. But does the judiciary have a real enforcement mechanism? Will public faith in the courts mean Trump faces consequences in elections and public esteem or will that faith wilt as the judiciary is just seen as another partisan institution? Amanda Driscoll, Michael Nelson, and Jay Krehbiel find that Americans have faith in the rule of law and respond well to courts that invalidate executive action—and partisanship does not seem to interfere. It’s a potentially optimistic story about the role that courts and public opinion may play in limiting democratic backsliding. But they all see risks in practice, as dozens of judges use arcane rules to limit the president while Republicans attack judicial branch oversight.

Episode Description