How federal courts shape US public policy — and how that’s changed under President Trump

President Trump has issued more executive orders in the first year of his second term than he did in all four years of his first. These orders — which have directed government action on issues ranging from immigration to tariffs to the funding of federal agencies — have been met with hundreds of lawsuits filed in federal court.

As a result, our federal court system is shaping U.S. public policy more than at any time in recent history, and federal judges are making decisions on many of the most pressing policy issues facing society today.

So, what does this new legal landscape mean for American politics, and what does it mean for America’s judicial branch?

To help make sense of this change (and to put it in historical context), Dan Richards spoke with Judge William Smith, former Chief Judge for the U.S. District Court of Rhode Island. Judge Smith was appointed by George W. Bush in 2002 and retired in 2025; he is also a Senior Fellow in International and Public Affairs at the Watson School, where he currently leads a study group on the role of the courts in U.S. public policy.