U.S. Senator Mark Kelly (D-AZ) holds a town hall to discuss the impact of proposed Republican cuts to Medicaid and food assistance benefits at Chiricahua Community Health Center in Sierra Vista, Arizona, U.S., May 29, 2025. REUTERS/Rebecca Noble
Former Army lawyer and New York Times columnist David French said that the judicial branch isn't going to save the country, but it's certainly protecting it for now.
Such was the case on Thursday, when GOP-appointed Judge Richard Leon issued a scathing ruling in Sen. Mark Kelly's (D-Ariz.) lawsuit against the Pentagon, which sought to demote him for appearing in a video in which he reminded soldiers that they do not have to carry out unconstitutional orders.
French recalled former top Trump aide Corey Lewandowski, who now helps run the Department of Homeland Security, when he said, "You should take Trump seriously but not literally." French said that we should do both.
Trump "wishes that hispolitical opponents beprosecuted; he wishes to suppress their free speech. And thank goodnessfor a judiciary that isindependent and is able to seethis for what it is, and it'spure authoritarianism. And thejudge is exactly right to cut itoff at the knees," French explained.
While it may have saved Kelly, that doesn't mean the judiciary will save everyone, French said.
"Itdoes give me hope because itgives us a chance think aboutthe judiciary as like arear-guard action for aretreating army," he continued. "The judiciarycannot save the country. That's up to the American people. It's up to us as to whowe elect as leaders at the endof the day. But if we elect arogue leader, as has happened,the judiciary can keep themconfined within a box for awhile."
So, the judiciary, he said, is, in a way, "keeping the hope, the spark ofhope alive."
"It's up to the Americanpeople to fulfill ourresponsibilities. Because thebottom line is our Constitutionis drafted in such a way asthat it can restrain roguepresidents, it can restrainrogue legislatures, it can evenrestrain rogue populace for ashort while. But ultimately, thepeople get what they want. Andthat's why the conversationabout elections gets soimportant," he closed.