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March 22, 2026

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

In a compelling reflection on the role of lower courts in today's political climate, David Kirp draws parallels between the brave federal judges of the civil rights era and those currently standing up to the Trump administration. Despite facing significant personal risks and political backlash, these judges have effectively challenged numerous executive orders, often using sharp language to demand compliance with the law. Kirp highlights that, amid a tumultuous landscape where democracy feels increasingly fragile, these jurists are upholding constitutional principles and safeguarding the rule of law. Their courageous actions, reminiscent of the judges who enforced desegregation, deserve recognition and celebration in these challenging times.

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Stoic Field Manual Entry: Upholding the Rule of Law in Turbulent Times

What is Within Our Power

  • Personal Integrity: We can choose to act with courage and uphold our principles, regardless of external pressures.
  • Judicial Duty: Judges have the power to interpret and enforce the law, ensuring justice prevails.
  • Resilience: The ability to withstand personal risks and political backlash is within our control.

What is Opinion

  • Public Perception: The views of the community regarding judges can be influenced by fear and misinformation, labeling them as "race traitors" or "radical left lunatics."
  • Political Rhetoric: The language used by politicians can create a divisive narrative, framing judges as adversaries rather than protectors of the law.
  • Media Representation: The portrayal of judicial actions in the media can shape public opinion, often emphasizing sensationalism over the constitutional duty being fulfilled.

What Action Virtue Demands

  • Stand Firm in Justice: Judges must act decisively against unconstitutional orders, even when facing threats or backlash.
  • Promote Compliance with the Law: Upholding the law requires demanding accountability from government officials, as seen in the repeated threats of contempt.
  • Champion Democracy: In times of political turmoil, it is imperative to preserve the democratic framework by enforcing constitutional principles, reminiscent of the civil rights era.

Reflection

  • Courage in Adversity: Just as judges in the civil rights movement faced hostility, today's jurists are called to demonstrate similar bravery in defending the rule of law.
  • Celebration of Integrity: In a landscape where democracy feels fragile, the actions of these judges serve as a beacon of hope and a reminder of the importance of steadfastness in the face of adversity.

Conclusion

In the spirit of Stoicism, we are reminded that while we cannot control external events or the opinions of others, we can control our responses and actions. Upholding justice and the rule of law is a noble pursuit that requires both courage and virtue, especially in challenging times.

Article Rewritten Through Stoic Lens

A Stoic Reflection on Judicial Virtue in Turbulent Times

In the face of adversity, the true character of individuals is revealed. The current political landscape serves as a crucible for virtue, particularly for those in the judiciary who uphold the rule of law. As we explore the actions of federal judges today, we can draw parallels to their courageous predecessors during the civil rights era, framing their efforts as tests of virtue rather than mere acts of defiance.


Wisdom: Upholding the Rule of Law

Reflecting on the late 1950s, we recall the federal judges tasked with enforcing the Supreme Court’s decision in Brown v. Board of Education. This landmark ruling demanded the dismantling of segregation, yet it was left to lower court judges to interpret the directive of “all deliberate speed.” This ambiguity placed them at the forefront of a transformative constitutional mandate, where wisdom was essential.

Today, we see similar challenges as federal district court judges confront executive orders that threaten democratic principles. These judges, like their historical counterparts, are called to navigate a complex landscape where the law is tested against political resistance. Their wisdom is evident in their measured responses, as they have effectively overturned or blocked numerous executive actions, safeguarding the Constitution.


Courage: Standing Firm in Adversity

Courage is not the absence of fear but the resolve to act rightly despite it. The judges of the civil rights era faced violent backlash and social ostracism for their rulings. They were labeled “race traitors” and received death threats, yet they stood firm in their commitment to justice.

In our current context, federal judges are similarly risking their safety and that of their families. Reports of doxxing, threats, and intimidation are rampant. Judge Patrick Schiltz’s warning of potential criminal contempt against government officials exemplifies this courage. His actions, and those of his fellow judges, reflect a steadfast commitment to the law, even when faced with personal danger.


Justice: A Commitment to Fairness

Justice requires an unwavering dedication to fairness, regardless of personal or political affiliations. The judges today, appointed by various administrations, demonstrate that the pursuit of justice transcends party lines. Their rulings against executive overreach highlight a shared commitment to uphold constitutional rights.

The sharp rebukes directed at the Trump administration—describing its actions as “deliberately ignorant” and “an assault on constitutional rights”—underscore the judges’ role as guardians of justice. They are not merely reacting to political turmoil; they are embodying the principle of justice by demanding compliance with the law.


Temperance: Gratitude Amidst Challenges

In Stoicism, temperance is about maintaining balance and moderation. While the current political climate may evoke feelings of outrage or despair, it is essential to approach these challenges with gratitude for the judges who strive to uphold the law. Their successes, while significant, should not lead to attachment or triumphalism. Instead, we must recognize these victories as opportunities to reflect on the importance of the rule of law and the virtues they embody.

As we witness the judges’ efforts to maintain democratic principles, let us cultivate gratitude for their dedication and resilience. Their actions remind us that, even in dark times, there are individuals committed to the greater good.


Conclusion: Tests of Virtue in Uncertain Times

The current political landscape serves as a test of virtue for our judiciary, much like the trials faced by judges during the civil rights movement. By framing their actions through the lens of wisdom, courage, justice, and temperance, we can appreciate the significance of their work.

In these turbulent times, let us not merely celebrate their successes but also reflect on the character they exemplify. Each ruling and each challenge faced is an opportunity for growth, both for the judges and for society as a whole. As we navigate these uncertain waters, may we draw inspiration from their commitment to the rule of law and the virtues they embody.

Source Body Text

Cast your mind back to the American south in the late 1950s, when federal trial court judges were called upon to do a herculean job – enforce the supreme court’s titanic decision in Brown v Board of Education, which struck down the “separate but equal” school segregation regime. Bear with me for a brief history lesson, because it resonates today. Instead of insisting that the schools be immediately integrated, the supreme court decreed that its decision should be enforced with “all deliberate speed”. In effect, the court punted, leaving the interpretation of this hard-to-parse mandate in the hands of lower federal court judges. Those judges stood between a transformative constitutional command and organized political resistance. Jim Crow segregation had been the law for more than half a century. It was a way of life, and for many southern whites, integration posed an existential threat. It took bravery to stand up against passionate, sometimes violent, Dixie “massive resistance”. Judges who handed down desegregation rulings became outcasts in their communities. Local newspapers labeled them “race traitors”. Ku Klux Klan chapters circulated their addresses. Death threats were common. But in the face of those pressures, they upheld the rule of law. Fast forward to today, with a shout-out to the gutsiness of federal district court judges who have stood up to the president and defended the constitution. At a time when we are bombarded by the ceaselessly grim news from Washington – the loss after loss for democracy – these judges are doing their job quietly and effectively. District court judges have overturned or blocked executive orders ending birthright citizenship, punishing law firms and universities, eviscerating election laws, slashing the federal workforce and freezing funds. Upwards of 650 lawsuits challenging executive orders have been brought – 10 times more than in the first year of the Biden presidency – and plaintiffs have won more than twice as often as the administration. The jurists are losing their patience with the Trump administration, which many have criticized for noncompliance. They have rebuked the government in uncharacteristically sharp language – “deliberately ignorant”, “chilling harm of blizzard proportion”, “an assault on constitutional rights”. In at least 95 cases since August, the New York Times reports, judges have demanded that officials explain why they should not be held in civil contempt, a rarely-invoked penalty designed to force aimed at forcing compliance with the law. Immigration has been at the center of this battle between law and disorder. “The court is not aware of another occasion in the history of the United States in which a federal court has had to threaten contempt – again and again and again – to force the United States government to comply with court orders,” Patrick Schiltz, a federal district court judge in Minneapolis, declared. Schiltz threatened to hold government officials in criminal contempt – that means jail time. He is hardly a firebrand – with a reputation as a conservative, he was appointed to the bench by George W Bush. Overall, political affiliation has played no part in these cases. Judges appointed by other Republican presidents, from Reagan to Trump, have been similarly scathing in their opinions overturning Trump’s executive orders. In standing up to the president, these judges are putting the safety of themselves and their families at risk. Judges have been doxxed, with unwanted pizzas sent to their homes in the name of the son of a murdered judge – the message: we know where you live. They have been Swat-ed with fake calls that led police to storm their houses. They have been inundated with threatening phone calls. One judge received six credible death threats. “Someone was on the dark web searching for my home address because – this is a quote – he wanted Smith & Wesson [gun manufacturers] to pay me a visit.” Trump has stoked the flames, stirring up the Maga faithful by vowing vengeance against judges who rule against him. The president’s justice department filed a ludicrous judicial misconduct complaint against a judge who refused to allow Venezuelan immigrants to be shipped to the El Salvador hellhole prison without any sort of hearing. About another judge whose rulings displeased him, he declared: “This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!! … [He’s a] Radical Left Lunatic.” These district court decisions are not, of course, the final word. The administration can appeal to the court of appeals, where it has been more likely to prevail, and ultimately to the supreme court, whose Republican appointees have voted, often as a bloc, to uphold Trump’s actions. Nonetheless, at a moment when the guardrails of democracy have proven to be made of papier mache – when, day after day, the president displays his contempt for democracy and Congress takes a 14-month siesta – these judges are the rare exception. They are doing the work that the constitution demands, and like their counterparts in the Brown v Board of Education era, they are preserving the rule of law, often at risk to themselves and their families. In these dark days, that’s cause for celebration. David Kirp is professor emeritus at the University of California, Berkeley and a frequent contributor to the Guardian