The article discusses how authoritarian leaders, like Donald Trump, utilize a tactic known as 'court-baiting' to undermine judicial power. This approach involves implementing popular yet likely illegal policies, prompting courts to rule against the executive. The fallout often leads to public backlash against the judiciary, effectively weakening its authority. Such strategies mirror those observed in various global democracies that have backslid into authoritarianism, demonstrating a worrying pattern of political leaders challenging judicial independence to consolidate power and manipulate public perception.
Court-baiting is a potent strategy because it puts judges in a lose-lose position: Either strike down a popular policy and face public backlash, or allow the policy and erode legal limits on executive power.
Donald Trump's attacks on the courts lack recent precedent in the United States, but they follow a clear pattern seen in backsliding democracies around the world.
To undermine public support for the judiciary, political leaders adopt policies that are popular but very likely illegal.
When political leaders challenge the courts, the end result isn't merely a win in a single policy dispute, but systematically weakens the courts as a check on the executive's power.
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