New Survey Reveals Deep Concern Over Presidential Overreach and Abuse of Power

A landmark survey of federal judges, elite lawyers, and law professors has found that the rule of law in the United States has reached its lowest point in at least a decade, with legal experts warning of unprecedented threats to democratic institutions under President Donald Trump’s second term. The findings, released this week by Bright Line Watch and UCLA School of Law’s Safeguarding Democracy Project, reveal broad consensus across the political spectrum that executive overreach, politicized law enforcement, and erosion of judicial independence pose a “great threat” to the legal system’s foundational principles.

The survey, conducted between February 19 and March 6, polled 21 Article III federal judges—nominated by the president and confirmed by the Senate—alongside 113 elite lawyers and 193 law professors from the top 50 law schools. It also included responses from 652 political scientists and a nationally representative sample of 2,750 Americans. The results paint a stark picture: legal experts perceive significant deterioration in the separation of powers, with the executive branch increasingly acting beyond constitutional constraints.

Experts Across the Spectrum Sound the Alarm

Rick Hasen, director of UCLA Law’s Safeguarding Democracy Project, emphasized the stakes in blunt terms: “Democracy cannot function unless the government fairly applies legal rules without favoritism or retribution. Experts see that these values—and therefore our democracy—are under serious stress.” The survey’s co-director, Brendan Nyhan of Dartmouth College, echoed the urgency, noting that “experts across the political spectrum see important threats to the rule of law.”

While the survey does not attribute specific incidents to Trump’s administration, its timing—just weeks before the November election—highlights the political urgency of the findings. Legal scholars and judges cited concerns over politicized prosecutions, expanded executive powers, and a dysfunctional judiciary as key drivers of the decline. The data underscores a growing divide between public perception and institutional reality: while Americans remain divided over the state of democracy, legal experts agree on one critical point: the rule of law is under assault.

Methodology and Implications

The survey’s methodology was designed to capture elite legal opinion with precision. Federal judges—whose appointments are subject to Senate confirmation and constitutional constraints—were included alongside lawyers from the American Law Institute, former U.S. Attorneys, and American Bar Association leaders. Law professors from the top-ranked schools (based on 2025 U.S. News rankings) provided additional perspective, ensuring the findings reflect institutional rather than partisan views.

Nyhan and Hasen stressed that the decline in the rule of law is not a partisan issue. “This isn’t about left or right,” Hasen said in a statement. “It’s about whether our legal system can withstand the pressures of an increasingly polarized political environment.” The survey’s release coincides with broader concerns about judicial independence, with some legal observers pointing to recent Supreme Court decisions and lower-court rulings as evidence of a shifting landscape.

What Comes Next?

With the November election looming, the survey’s findings add fuel to debates over accountability and reform. Legal experts and advocacy groups are already calling for structural changes to restore balance, including limits on executive discretion, stronger protections for judicial independence, and transparency in law enforcement decisions. The survey’s authors plan to release follow-up reports tracking these developments, with a particular focus on how election-related legal disputes may further strain the system.

For now, the message from America’s legal elite is clear: the rule of law is at a crossroads. Whether the November vote can reverse the trend remains an open question—but the survey’s authors warn that time is running out.