The president’s escalating conflict with federal courts goes beyond what has happened in countries like Hungary and Turkey, where leaders spent years remaking the judiciary.
President Trump’s intensifying conflict with the federal courts is unusually aggressive compared with similar disputes in other countries, according to scholars. Unlike leaders who subverted or restructured the courts, Mr. Trump is acting as if judges were already too weak to constrain his power.
“Honest to god, I’ve never seen anything like it,” said Steven Levitsky, a Harvard political scientist and coauthor of “How Democracies Die” and “Competitive Authoritarianism.”
“We look at these comparative cases in the 21st century, like Hungary and Poland and Turkey. And in a lot of respects, this is worse,” he said. “These first two months have been much more aggressively authoritarian than almost any other comparable case I know of democratic backsliding.”
There are many examples of autocratic leaders constraining the power of the judiciary by packing courts with compliant judges, or by changing the laws that give them authority, he said. But it is extremely rare for leaders to simply claim the power to disregard or override court orders directly, especially so immediately after taking office.
In Turkey, President Recep Tayyip Erdogan has purged thousands of judges from the judiciary as part of a broader effort to consolidate power in his own hands. But that required decades of effort and multiple constitutional changes, Mr. Levitsky said. It only became fully successful after a failed 2016 coup provided a political justification for the purge.
In Hungary, Prime Minister Victor Orban packed the constitutional courts with friendly judges and forced hundreds of others into retirement, but did so over a period of years, using constitutional amendments and administrative changes.