Imagine waking up to a country where the president can do whatever they want—silencing opponents, ignoring laws, even rewriting the rules to stay in power. No court can stop them. No judge can rule against them. Congress? Too weak or too afraid to act.
This isn’t just a nightmare scenario—it’s what happens when the courts lose their power to check the president. The U.S. government was built on a system that prevents any one person from having total control. But if the courts are ignored, democracy itself is at risk.
Why should you care? Because history proves that when leaders gain unchecked power, they never give it back willingly. No matter your political views, once a president is above the law, no one is safe—not their opponents, not their supporters, and certainly not the American people.
Shortly after President Trump issued a wave of executive orders, lawsuits started flooding the courts. People challenged some of his most controversial policies, and soon, federal judges stepped in. They blocked actions like his attempt to end birthright citizenship, freeze federal grants, and restructure federal agencies like USAID and the Consumer Financial Protection Bureau. One court even stopped Elon Musk’s DOGE from accessing sensitive taxpayer information.
So when Vice President JD Vance—who graduated from Harvard Law—responded by saying judges can’t interfere with executive power, many were shocked. He argued: “If a judge tried to tell a general how to conduct a military operation, that would be illegal. If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power.”
But here’s the problem: That’s exactly what the courts are supposed to do. It’s called judicial review—a fundamental part of our democracy that has existed since the Supreme Court’s Marbury v. Madison ruling in 1803. Courts have the power to check the president if they overstep the law.
Vance’s statement raised an alarming question: Even if courts rule against Trump’s executive orders, who will actually enforce those rulings? If the president simply ignores the courts, what happens next?
What Happens If a President Ignores the Courts?
Legal experts say there are only a few ways to respond:
- Fines for Defying Court Orders
A judge could hold officials in civil contempt and issue escalating fines until they comply. But as Michael Dorf, a constitutional law professor at Cornell, points out:“If they’ve been willing to defy the order in the first place, they might be willing to defy the sanctions order.” - Criminal Contempt—Leading to Jail Time
Officials could be charged with criminal contempt, which could mean jail. But here’s the catch: The Justice Department, which is controlled by the president, enforces these penalties. That creates an obvious conflict—would Trump’s DOJ actually jail officials for following his orders?
As of February 11, 2025 Trump stated he would respect the courts:
“Well, I always abide by the courts, and then I’ll have to appeal it… So yeah, the answer is I always abide by the courts, always abide by them. And we’ll appeal, but appeals take a long time.”
But what happens if he doesn’t? What if he simply ignores a ruling and no one steps in to stop him?
UPDATE: February 18, 2025
News broke today that Trump signed an executive order stating that only the president or attorney general can officially interpret the law on behalf of the U.S. government.
At first, I was stunned—was this a direct attack on the courts? But after looking into the actual text, the order doesn’t directly limit the judiciary. Instead, it takes away some of the independence of federal agencies and puts them more firmly under the president’s control. It means that no federal agency can act under a legal interpretation that the president or attorney general disagrees with.
Some critics say this weakens the historic independence of federal agencies, but at least—for now—it’s not an outright assault on the court system.
Why This Matters – And What You Can Do
This situation reveals a frightening reality: the courts can only check a president’s power if the president chooses to respect their authority. If a determined leader decides to ignore the law, there may be little stopping them.
That’s why we can’t afford to be passive. Hope for the best, but prepare for the worst. Our democracy depends on checks and balances—but if those fail, we need to be ready. Stay informed, stay engaged, and, as always, prepare for what comes next.
UPDATE: March 1, 2025: The vice-president and Musk challenge judges’ authority
There are blazing sirens that Trump and his administration are about to openly defy court orders. Vice President JD Vance has already questioned whether judges even have the power to declare the president’s actions unconstitutional.(link to above portion of article)
Now Elon Musk — who holds no government position — has called for the impeachment of federal judges standing in his and Trump’s way.
This crisis is now coming to a head over the firing of 30,000 federal employees by Trump and Musk. Many argue they don’t have the legal authority to force these mass terminations.
Lawsuits have been filed to challenge these moves and as of March 1, one federal judge has ruled the terminations illegal: “The agency [referring to OPM] has no authority to tell any other agency in the U.S. government who it can hire and fire, period,” Judge Alsup said.
While the administration may appeal the decision, we will soon see whether Trump and Co. decide to respect court decisions or openly ignore them.
