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Most Americans are naive about just how precarious the rule of law is in this country. And the Trump II reign is really testing that.
Already around the country courts are pushing back against the unconstitutional power grabs Donald Trump has made in his less-than-a-month back in office. But what happens if the executive just… ignores the courts? Courts don’t have the muscle to force the issue, as President Andrew Jackson famously quipped, “John Marshall has made his decision; now let him enforce it.” If Trump takes a similar path, it’s a real worrying prospect.

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On CNN’s OutFront, NYU Law professor Ryan Goodman highlights this real danger. Fellow panelist Jamal Simmons, Kamala Harris’s former communications director, asked Goodman, “What happens if Donald Trump decides he doesn’t want to abide by the traditional ruling? What’s the recourse?”
Goodman was blunt in his response, “Nothing. That is the doomsday scenario that a lot of lawyers are worried about.” Adding, “If the president tells the DOJ not to comply with a court order, we’re in a real jam.”
Of course, thus far it hasn’t happened, and with a stacked Supreme Court, some of these cases might fall Trump’s way. But if they don’t? Yikes. As Goodman continued, “What happens come the day that they do lose at the Supreme Court? Because I think some of these cases are just losers. And if they really want to push it, we’re in a real constitutional crisis.”
Take a look at the troubling exchange below.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].