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President Trump has launched a revolution. Will it succeed?
President Donald Trump calls himself a revolutionary—and I actually agree with him. His second term has ushered in sweeping attempts to expand executive power and defang oversight institutions. Congress has rolled over. The DOJ? Under pressure. The only remaining institutional check appears to be the courts—especially the lower ones. So far, federal judges across the country, including some Trump appointees, have pushed back on illegal overreach. As has the Supreme Court on some high profile immigration and trade cases. But what happens when Trump gets tired of losing in court?
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Wooden gavel.
Trump seeks top court’s permission to fire whistleblower protector
The White House relieved Dellinger of his duties on Feb. 7, but a federal judge blocked it three days later and reinstated him. A US circuit court — the second highest in the land — rejected the first appeal, prompting the White House to take the case to the nation’s top court.
The case could provide a window into whether the Supreme Court, with its 6-3 conservative majority, would be willing to limit US President Donald Trump’s executive authority. Republicans have urged the country’s legal system not to stymie the president’s agenda: Vice President JD Vancesaid earlier this month that “judges aren’t allowed to control the executive’s legitimate power.”
From removing inspector generals and gutting agencies like USAID, to flying undocumented immigrants to Guantánamo Bay, Trump has tried to push the boundaries of his office within the first few weeks of his presidency. His policies have run into a legal wall, though, as groups challenge the moves in court — and sometimes with success.
Whether Trump tries to override the courts is another matter. Last week, he said he will “abide by the courts.” Over the weekend, though, he wrote, “He who saves his Country does not violate any Law,” a quote oft attributed to Napoleon Bonaparte.
With the Trump administration having filed its appeal in the Dellinger case, the Supreme Court must now decide whether it will hear the case. Of the roughly 7,000 appeals that it receives each year, the Court only hears about 100-150 of them.Graphic Truth: Americans' trust in courts plummets
American trust in its judicial system has fallen dramatically, plummeting away from other wealthy nations. New Gallup data shows American confidence in courts hitting a record low of 35% in 2024, placing it far behind the median of OECD countries where majority trust remains intact. The 20-point gap between US and OECD median trust levels in 2024 marks the widest divide since tracking began in 2006.
The 24-percentage-point decline over four years represents one of the steepest drops globally, rivaling decreases seen in countries experiencing political upheaval like Myanmar and Venezuela. This places the United States in concerning company, especially since dramatic institutional trust declines typically coincide with significant political instability or civil unrest.
The erosion of confidence spans political lines, though following different patterns. Among those disapproving of current leadership, trust fell from 46% to 29% since 2021, possibly because of Donald Trump supporters disagreements with the federal indictments brought against him for hush money, racketeering, and Jan. 6. Even more striking, those approving of leadership maintained steady confidence around 62% until 2024, when it dropped sharply to 44%, possibly reflecting dissatisfaction with the immunity Supreme Court ruling which favored Trump.
OPINION: Don’t we want more “accuracy” at the ballpark – and in the courtroom? No.
It’s baseball season again, and that means it’s time again to embrace the chronic self-harm of being a Mets fan (already off to a stellar 1-6 start), but also, this year especially, to ponder the ways in which technology risks making some things worse by making other things better.
That’s because this season was originally supposed to be the one where Major League Baseball began introducing robot umpires to call balls and strikes. The idea was to use new technology to make an old game more perfect, less arbitrary, more objective.
But after a few seasons of trials in the minor leagues, the robots’ march to the Majors slowed. It turns out, players and managers weren’t as thrilled about putting about Hal 9000 behind the plate as MLB thought.
The challenges of defining an objective and consistent strike zone, and the misgivings about removing human judgment altogether, have pushed back the robots’ debut for at least another season – if not more.
To be up front, I think that’s a good thing. Maybe I’m just yelling at clouds here, but to me the subtle arbitrariness of a strike zone – unlike, say, the objective reality of a safe/out call – is an intrinsic part of the short story that is a baseball game.
But all of this got me thinking about another more consequential area where people’s appetite for technological “accuracy” is milder than you’d think: the courtroom.
Of all the institutions in a democracy, judges and courts have perhaps the highest duty to be – and to be seen as – impartial. And yet a growing number of Americans no longer see the bench that way. Overall, fewer than 50% of Americans say they trust the judicial branch of the federal government, the lowest mark on record, and only half of Americans say criminal suspects are treated “fairly” – down from roughly two-thirds at the turn of the century.
Each side has its grievances. For many Republicans, the Biden administration has co-opted the courts as part of a banana republic style bid to sideline Trump with frivolous legal charges. Democrats, meanwhile, see the Supreme Court as hopelessly illegitimate and biased because Trump gave it an overtly conservative majority that, as anticipated, rolled back Roe v. Wade.
Can technology help? In one small corner of the justice system at least, it seems so. For several years now, AI programs have been used to assist judges in specific areas – such as determining bail – where machine learning can use vast amounts of past data to make predictions about future behavior.
America already jails more people than any country on earth, and fully a quarter of those in prison are merely awaiting trial, often for months at a time. But studies show that AI can improve things.
In one survey from 2017, an AI program was 25% more accurate than human judges when it came to predicting whether suspects released on bail would flee or commit more crimes. Using AI would also, the study found, have safely reduced the pretrial prison population by some 40%. Several states have found that using algorithms can help reduce pre-trial prison populations without an increase in crime.
That’s all good. But there’s one problem: People in general still don’t seem to want robots in the courtroom. A YouGov study from last year showed that barely 1 in 5 Americans thought a robot would “be a better judge,” while 56% preferred a “human who can use their emotion and instinct.” A broad survey of judges and other court workers found that two thirds were skeptical about using AI in the courtroom, citing concerns about accuracy and emotional intelligence.
There are, of course, problems with AI in criminal justice. One is the risk of bias. After all, if AI is what it eats, then training AI modules on decades of policing and court data shaped by systemic racial or socio-economic biases risks teaching robots to amplify them further. The ACLU has highlighted this problem in algorithms used for policing and pre-trial detention.
Another issue is transparency. These algorithms are a black box – private sector trade secrets guarded as closely by tech companies as KFC protects its spice recipe or Coke guards its formula. If a computer decides to jail you, you’d probably never know why – was it an AI hallucination that shipped you off to Rikers Island?
But a big issue is more basic: People just aren’t comfortable with a box of ones and zeros making decisions that depend on assessments of our character, our emotions, or humanity. There’s a kind of alienation there that people aren’t comfortable with, even if the accuracy is greater and the societal benefits can be modeled.
The problem is a delicate one. On the one hand, if we’re forgoing real improvements – fewer people in jail and safer streets at the same time – we are needlessly harming large numbers of people over a mistaken belief in the ability of people to judge other people fairly.
But in a deeply polarized and increasingly mistrustful society, introducing technologies that aim to make our institutions more accurate may also, paradoxically, cause people to trust them less.
Let me know what you think about robots at the ballpark or in the courtroom here – if you include your name and city, we may run your response in a future edition of the GZERO Daily newsletter.