Trump’s Second Term Poses ‘Ultimate Test’ for Rule of Law, Warns NYT Columnist David French

On the first day of President Donald Trump’s new administration, political observers had plenty to analyze, including dire warnings about the potential erosion of legal norms. In a discussion with fellow New York Times columnists Patrick Healy and Michelle Goldberg, opinion writer David French called Trump’s second term “the ultimate test” of the rule of law.

“You can paint a picture where the combination of Trump’s obstinance, the total unyielding loyalty of MAGA, plus the abuse of the pardon power—which he’s established as of right now as having no real limits in his mind—create a situation of absolutely sustained and profound lawlessness,” French explained.

French outlined a hypothetical yet concerning scenario where federal courts issue injunctions against Trump’s actions, only for him to instruct his allies to defy the rulings. “Courts issue contempt orders, where you otherwise would imprison somebody for failing to comply with court orders,” he said. “Then Trump issues pardons in those circumstances.”

Such a scenario, French argued, would represent a pivotal test of Trump’s approach to governance. “Will he comply with adverse rulings from the Supreme Court? That is going to be the real test of how much of the rule of law we have left,” he remarked.

French did not shy away from the possibility of Trump outright defying the Supreme Court, especially given its track record of rejecting MAGA-aligned legal arguments, even with a conservative supermajority. “There’s a sense in which it’s a very real possibility that the next step in the attack on the rule of law is just outright defiance of the Supreme Court,” he warned.

He noted that previous rulings by the court have demonstrated its willingness to push back on some of Trump’s more extreme positions, even under conservative leadership. This dynamic, French suggested, could create a constitutional crisis if Trump chooses not to comply with Supreme Court decisions.

As Trump begins his second term, French’s remarks highlight growing concerns among political analysts and commentators about the stability of democratic institutions and the potential for escalating tensions between the executive branch and the judiciary. Whether these warnings materialize remains to be seen, but they underscore the fragile balance of power in American governance.