The Sane Branch of Government

We live in strange times. But I still have faith in the judiciary and in lawyers. It took us just over a week of the Trump presidency to reach our first constitutional crisis, and the judiciary seems to be keeping its head. That branch of government will be tested in the months and years to come.

Our President reveres President Andrew Jackson. Andrew Jackson is perhaps best known for defying a court order so that he could could deport people in massive scale. In response to the United States Supreme Court’s ruling in Worcester v. Georgia, President Jackson said “John Marshal has made his decision, now let him enforce it.” That case was also an injunction case. Six years after the ruling in Worcester, the Cherokee were forcibly relocated to Oklahoma in what was one of the darkest moments in American history. The parallels between then and now and between the historic president and the modern one who reveres him are clear.

But I have faith in the judiciary and in the rule of law. Just this weekend, teams of volunteer lawyers showed up at airports around the nation to lend a hand to those left stranded by a bewildering executive order. They turned airport cafes into law offices and e-filed petitions for habeas relief. Lawyers visited with the families of those victimized by recent executive action. And courageous judges stepped up as well. One such judge was Ann M. Donnelly of the Eastern District of New York. Those who know her describe her as one who “will not be perturbed by the storm around her” and as one with “a firm moral compass.”

I can think of no time in our history when lawyers and the judicial branch are more critical to the survival of our Republic. Our nation is still young, and America is still very much an experiment. Lawyers like those who stepped up over the weekend and judges like Ann Donnelly provide hope. But the power of the judiciary and of our constitution is only as strong as the American people and our belief in the rule of law and our founding principles.