FROM THE OUTSIDE | U.S.: Is the Judiciary in Danger?

Chief Justice John Roberts recently characterized the rule of law in the United States as “at risk” and cautioned against the increasing trend of “denigrating judges.”

This warning is severe, particularly in a highly politically polarized society such as the U.S., where President Donald Trump’s administration serves as the primary critic of judicial actions.

The warning becomes even more complex when considering that Roberts is viewed as a conservative jurist and leads a Supreme Court consisting of nine members, six of whom are conservative, including three appointed by Trump during his first term.

In a country where judges’ ideologies are constantly scrutinized—and where news reports frequently highlight which president appointed which federal judge—growing concerns are rising that the Trump administration seeks to undermine the independence of the judiciary.

Trump and his allies have faced setbacks in court, even from judges who hold center-right legal views. Like many populist leaders, Trump exhibits little tolerance for certain parts of the government, such as the judiciary, which imposes checks on his power or follows legal procedures, principles, and precedents.

This situation poses a significant challenge for Trump. According to media reports, between January 20, 2025, when he took office, and May 1, he faced at least 328 lawsuits. These have resulted in over 200 court orders initially halting various government actions.

As Bloomberg News reported, “The legal battles are testing the balance of power at the heart of American democracy. Trump and his supporters have labeled judges as biased, and his administration has been accused of not fully complying with court orders.”

One case involves deportations carried out without due legal process, as Trump administration lawyers—and even Trump himself—express ignorance of fundamental constitutional requirements like the right to due process.

This aligns with Trump’s longstanding approach. As a real estate businessman in New York, he was involved in over 4,000 lawsuits. He was often accused of exploiting legal loopholes or leveraging his financial power to prevail or achieve more favorable outcomes. He frequently prolonged court proceedings, putting pressure on plaintiffs through high legal costs and the potential need to settle to minimize losses.

But what worries judges even more than this use—or abuse—of legal maneuvers is the increasing harassment and threats they face. Many have reported intimidation from Trump’s allies and supporters, who accuse them of interference or even treason for not adhering to the administration’s political line.