Rule of law: Are we in a constitutional crisis?
Donald Trump defies federal court order to halt deportation flights to El Salvador

The harrowing question of what happens if a president defies a federal court order “has hung over the United States since President Trump’s second term began,” said Ian Millhiser in Vox, and “now that long-awaited crisis may be upon us.” On March 15, federal Judge James Boasberg issued an injunction halting the deportation of two planeloads of alleged Venezuelan gang members to El Salvador. Told the planes were already “in the air,” Boasberg verbally ordered the administration to return the deportees to U.S. soil. But “the planes kept flying,” said Adam Liptak in The New York Times.
Attorney General Pam Bondi claimed the government hadn’t defied a judicial order, saying the administration followed Boasberg’s written order, which didn’t mention the planes. That was all too legalistic for Trump, who called for the impeachment of the “Radical Left Lunatic” Boasberg. Rep. Brandon Gill (R-Texas) duly filed articles of impeachment. House Speaker Mike Johnson went even further, saying Congress has the power to impeach judges and “eliminate an entire district court.” Meanwhile, Bondi is citing “state secrets” to withhold from Boasberg further information about the flights, effectively arguing that the administration is immune from judicial review. The question now is not whether we’re in a constitutional crisis, but “how much damage it will cause.”
Boasberg has the “facts and the law” on his side, said National Review in an editorial. He’s well within his power to temporarily block migrants from being deported under the Alien Enemies Act of 1798, which “has never before been invoked outside of a congressionally declared war.” Still, Trump and Bondi have “just cause to complain” about how other federal judges have bent the law “past its recognizable contours” to thwart Trump’s agenda. Unjust rulings can be appealed. But when appeals can take years, in a system that lets any of more than 600 district-court judges issue a “nationwide injunction” nullifying a presidential order, “grave objections” are legitimate. Presidents Joe Biden and Barack Obama both expressed “frustration” with the injunction system, said Sam Baker in Axios. Over Obama’s eight years, district courts issued a then-record 12 rulings freezing presidential policies. In the first two months of Trump’s second term, judges have issued at least 15.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
We’re not in a constitutional crisis, said Michael Tomasky in The New Republic. “We’re in crises, plural.” Yes, Trump’s agenda has met with a salvo of injunctions. But when that agenda includes ending birthright citizenship (guaranteed by the Constitution), seizing Congress’s power of the purse (violating the separation of powers), and snatching people off the street to be deported without a court hearing, what do you expect? Trump is “at war with the rule of law” itself, said Tom Nichols in The Atlantic. With congressional Republicans too loyal or “too scared” to oppose him, “judges now stand alone” as our last defense against his “authoritarian project.”
“This won’t end well for Trump,” said J. Michael Luttig in The New York Times. He can bluster all he wants, but Republicans lack the votes to remove judges by impeachment, and sooner or later the Supreme Court will have to “step in and assert its undisputed constitutional power to say what the law is.” Let’s hope so, said Mark Joseph Stern in Slate. But if we’ve reached the point where the fate of America’s 250-year experiment in freedom and democracy depends on at least two unpredictable conservative justices ruling against a Republican president, then we are already “in a dark place.”
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
The Week Unwrapped: How did Japan become a space superpower?
Podcast Plus, why on earth are Labubu dolls so popular? Will buy-now-pay-later cause a new financial crisis?
-
The week's best photos
In Pictures A tomato fight, painting behind bars, and more
-
Mountainhead: Jesse Armstrong's tech bro satire sparkles with 'weapons-grade zingers'
The Week Recommends The Succession creator's first feature film lacks the hit TV show's 'dramatic richness' – but makes for a horribly gripping watch
-
Trump may team with a tech company to create a database of Americans
In the Spotlight A recent report indicated that Trump is partnering with the tech company Palantir
-
Trump hits Africa, Middle East with new travel ban
Speed Read The travel ban bars visitors from 12 countries and restricts entry from seven
-
'The bilateral relationship has eroded'
Instant Opinion Opinion, comment and editorials of the day
-
Elon Musk slams Trump's 'pork-filled' signature bill
speed read 'Shame on those who voted for it: you know you did wrong,' Musk posted on X
-
George Floyd: Did Black Lives Matter fail?
Feature The momentum for change fades as the Black Lives Matter Plaza is scrubbed clean
-
National debt: Why Congress no longer cares
Feature Rising interest rates, tariffs and Trump's 'big, beautiful' bill could sent the national debt soaring
-
'We need solutions that prioritize both safety and sustainability'
Instant Opinion Opinion, comment and editorials of the day
-
Flying into danger
Feature America's air traffic control system is in crisis. Can it be fixed?