This Fox News opinion piece argues that progressives criticising President Trump for "ignoring the rule of law" when he resists judicial rulings are being hypocritical, since many on the left have historically supported legal theories that reject the courts' final say over constitutional interpretation. The author contends that concepts such as popular constitutionalism and departmentalism, long championed by liberal legal scholars, hold that elected branches retain independent authority to interpret the Constitution, and that applying this same logic to Trump should not be treated as lawless when it was accepted from past presidents.

The piece cites a lineage of presidents who resisted judicial supremacy, including Thomas Jefferson's rejection of Marbury v. Madison as universally binding, Andrew Jackson's defiance of the Supreme Court, Abraham Lincoln's narrow reading of Dred Scott, Franklin Roosevelt's clashes with the Court during the New Deal, and Richard Nixon's assertions of executive authority. It links this history to current disputes over Trump's actions on birthright citizenship, trade policy, the Federal Reserve, and nationwide injunctions, arguing that recent Supreme Court jurisprudence limiting such injunctions supports a departmentalist view of judicial authority.