What does President Trump’s executive order on immigration and its aftermath mean for the rule of law?

What does President Trump’s executive order on immigration—and the fallout therefrom—tell us about the rule of law in the early days of the new administration? ProMarket looked across the Midway to the University of Chicago Law School for an answer to this query. But before we can say what Trump’s order and its aftermath mean for the rule of law, we need to know what the phrase “rule of law” means. And alas, the “rule of law” means different things to different people, with no consensus among legal scholars as to the semantic content of the phrase.

Larry Solum and others have suggested that the rule of law requires, among other elements, that “the legality of government action should be subject to test by independent courts of law.” To that we might add that the rule of law requires government officials to obey court decisions. And in this respect, the rule of law in the United States remained secure in recent years. Say what you will about President Obama and the rule of law, there was never any doubt that his administration would abide by the decisions that courts reached. So too for (most of) his predecessors.

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