Austin Sarat writes: There is much to celebrate in the court decision against President Trump’s immigration ban. It was a stirring victory for the rule of law and reaffirmation of the independence of the judiciary. Yet America faces a serious problem which that decision did not address: the erosion of public faith in the rule of law and democratic governance.

While we have been focused on partisan divides over government policy and personnel, an almost invisible erosion of the foundations of our political system has been taking place. Public support for the rule of law and democracy can no longer be taken for granted.

In 2017, the rule of law and democracy itself are under attack by President Trump and his administration. This is as much a symptom as a cause of our current crisis. Public Policy Polling has released the startling results of a national survey taken this week. Those results show significant fissures in the public’s embrace of the rule of law and democracy.

Only 53% of those surveyed said that they “trust judges more than President Trump to make the right decisions for the United States.” In this cross-section of Americans, 38% said they trusted Donald Trump more than our country’s judges. 9% were undecided. Support for the rule of law seemed higher when respondents were asked whether they thought that President Trump should “be able to overturn decisions by judges” when he disagrees with those decisions. Here only 25% agreed, with 11% saying they were unsure. [Continue reading…]