Progressives Shouldn’t Care About Separation of Powers Only When Trump Is President

Perhaps the newfound zeal for the Constitution’s structure will include restoring its protections for everyday Americans the next time their team is in charge.

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President Donald Trump waves after speaking with members of the media on the South Lawn before boarding Marine One at the White House, in Washington, D.C., February 28, 2025.

Nathan Howard/Reuters

The Trump administration is racking up injunctions from federal courts, halting its efforts to shrink the federal government. From the funding freeze to the federal worker buyout, judges have put many of the administration’s early executive actions on hold. For example, on February 10, 2025, a federal court found that the Trump administration had failed to follow its injunction of the funding freeze after 22 state plaintiffs complained that, among other things, air-monitoring grants from the Environmental Protection Agency and Department of Energy subsidies for electric heat pumps and water heaters remained unavailable. The court warned that officials violating the court’s orders could be found in contempt.

The press cannot get enough of this and have labeled it a crisis. On the morning of February 11, 2025, Politico’s Playbook wrote, “Donald Trump’s stunning disregard for almost every legal norm is hitting crisis point this week.” On February 10, 2025, the Washington Post published the “analysis” column “What is a constitutional crisis? And why some scholars say we’re in one.” The New York Times morning newsletter (in an issue titled “A Constitutional Crisis?”) pointed to a sharp decline in “expert ratings of U.S. democracy” (whatever that means) and declared that “this is about the separation of powers.”

JR

About the Author

Josh Robbins

Josh Robbins is an attorney at Pacific Legal Foundation, a public-interest law firm that defends Americans’ liberty against government overreach and abuse.

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