The Science of Politics

Can liberals stop Trump in the courts?


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Donald Trump’s expansive executive action has been met with a flurry of court action, as Democratic officials and liberal interest groups challenge each action—with a lot of early success. Can liberals succeed in limiting Trump through the courts or are American courts an inevitably conservative institution? Paul Nolette finds that Democratic Attorneys General have banded together to fight Trump, building on successful action last time. They are able to select the venues and usually win standing, becoming key actors in limiting executive action. But Brian Highsmith finds that over the long run, judicial supremacy tends to advance conservative goals in the American system. Even if Democrats win in the courts now, that may allow the judiciary to develop a longer term constraint on government.
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The Science of PoliticsBy Niskanen Center

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