Donald Trump’s Breakneck Test of US Democracy
A court order requiring a Salvadoran man’s return to the United States has become a fundamental question that is set to decide whether the United States’ constitutional order will survive.
So, that was as long as respecting the highest court in the United States lasted. Donald Trump has predictably opted to disregard his assertions about abiding by Supreme Court rulings as he twists the facts to suit his own narrative. In his version of the world, no one forces a U.S. president to do anything.
The victim on the immediate receiving end is a Salvadoran man named Kilmar Abrego GarcÃa, who was unlawfully deported to a mega-prison in El Salvador, as government officials themselves acknowledge. Yet the Trump administration is ignoring court orders to arrange for the man’s return and to keep a federal judge informed about its actions.
On Dangerous Ground
As a result, the entire American democratic system is becoming a victim of the situation. Trump's behavior could undermine the rule of law and trigger a constitutional crisis — even before he has been in office for 100 days. The government still has two weeks to carry out the federal judge's order. And it would be well advised to do so.
Failure to comply could lead to a fine for contempt of court — something Trump has experienced as a private citizen. If such an order were then also ignored, federal arrest warrants could be issued. But the responsibility to execute such arrests lies with the U.S. Marshals, whose service is effectively under Trump's control. If the president were to order the marshals to defy the court, the U.S. would find itself on dangerous ground — beyond the boundaries of liberal democracy.
So, that was as long as respecting the highest court in the United States lasted. Donald Trump has predictably opted to disregard his assertions about abiding by Supreme Court rulings as he twists the facts to suit his own narrative. In his version of the world, no one forces a U.S. president to do anything.
The victim on the immediate receiving end is a Salvadoran man named Kilmar Abrego GarcÃa, who was unlawfully deported to a mega-prison in El Salvador, as government officials themselves acknowledge. Yet the Trump administration is ignoring court orders to arrange for the man’s return and to keep a federal judge informed about its actions.
On Dangerous Ground
As a result, the entire American democratic system is becoming a victim of the situation. Trump's behavior could undermine the rule of law and trigger a constitutional crisis — even before he has been in office for 100 days. The government still has two weeks to carry out the federal judge's order. And it would be well advised to do so.
Failure to comply could lead to a fine for contempt of court — something Trump has experienced as a private citizen. If such an order were then also ignored, federal arrest warrants could be issued. But the responsibility to execute such arrests lies with the U.S. Marshals, whose service is effectively under Trump's control. If the president were to order the marshals to defy the court, the U.S. would find itself on dangerous ground — beyond the boundaries of liberal democracy.
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