It's easy to miss – but lower courts are doing their job in restraining Trump | David Kirp

The Guardian US News
by David Kirp
March 22, 2026
3 min read

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The Bottom Line

Lower courts are restraining Trump administration policies, demonstrating judicial checks on executive power.

AI Summary

David Kirp, a UC Berkeley professor emeritus, argues that lower courts are successfully restraining Trump administration policies, demonstrating judicial independence during a period of significant executive pressure. Drawing a parallel to federal trial judges who enforced Brown v. Board of Education in the 1950s South, Kirp frames current court actions as a continuation of the judiciary's role in checking executive power and protecting democratic institutions. The piece positions district court judges as quietly but meaningfully standing against what Kirp characterizes as concerning executive overreach, suggesting their decisions represent an underappreciated defense of the rule of law. Kirp's commentary emphasizes that amid widespread negative headlines, the judiciary's resistance warrants recognition as a stabilizing democratic force.

What's Being Done

District court judges are issuing decisions restraining Trump administration policies across multiple cases.

Should this be getting more attention?

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