Our First Big Win

Our lawyers are better than their lawyers. Nyah-nyah-nyah!

Trump is not happy today.

Trump's strategy is now clear— do a thousand illegal things at once, so we are overwhelmed, dazed, confused, and helpless. Almost all of Trump's executive orders involve some kind of illegal procedure. Did the resistance have the brains and the will to fight back? Yes. We have great lawyers who know how to react and react quickly.

Real Pushback Against Trump

There are six issues I want to discuss, but I will start with the most amazing one.

1. Executive order pausing all federal disbursements (withdrawn)

Trump signed an executive order pausing all federal grants until they could be investigated for contamination with support for DEI. The order was phrased so ineptly that it was utterly unclear which disbursements would be paused.

Incidentally, this illustrates one of the weaknesses of the Trump Administration that I have been highlighting. Trump's inexperienced lackeys are incompetent— they don't even know what the laws permit and cannot clearly articulate their goals. Lawyers pointed out multiple violations of the Administrative Procedures Act—the law specifying how government agencies must develop and implement policies.

After mass confusion broke out, Trump's minions tried to clarify the order. Almost immediately, the lawyers of Democracy Forward got to court with a well-organized suit on behalf of two large nonprofit recipients of federal funds (the American Public Health Association and the National Council of Non-Profits). A federal judge stayed the order, that is, postponed its implementation until its impact could be assessed in court. Democracy Forward complained that Trump's executive order violated three different legal standards:

Count One: Straight forward allegation of the arbitrary and capricious violation of the Administrative Procedures Act (APA). That's section 706(2)(A).

Count Two: Violation of Article One of the US Constitution that includes all of Congress' duties and powers not merely "power of the purse".

Count Three: Another straightforward violation of the APA specifically Section 706 (2)(C).

Defendants are, of course the Office of Management and Budget, but, also Matthew Veeth. Six bogus "orders" are targeted in the Complaint at paragraph 24 subsections (a), (b), (c), (d), (e) & (f).

"Plaintiffs are ready Your Honor."

The lead lawyer for Democracy Forward is Jessica Anne Morton. I suspect we will hear her name again. Incidentally, it is obvious to me that Democracy Forward had developed a relationship with these two large nonprofit umbrella organizations, so they could be ready to sue the minute the Trump Administration violated the relationship stipulated by Congress with them.

Way to prepare!

And now for the payoff. In the face of confusion and criticism and the well-constructed suit by Democracy Forward, the Trump Administration rescinded the executive order on January 29, 2025.

This rapid retreat makes Trump look SOOOO weak. (BTW, boo-hoo.)

Well, that part of the nightmare was over quickly. This will always be true: our brilliant lawyers will keep fighting for us. Sometimes it will be hard, sometimes it will be easy, and sometimes we will fail.

Adam Smith, the great economist is credited with saying, "There is a lot of ruin in a country.” What he meant is that the vitality of a great country like the United States is so great that it can overcome many bad decisions by a government.

Actually, I believe that those who will suffer the most from Trump live outside the United States. Unlike Americans, people in foreign countries cannot sue Trump for breach of promises and treaties. Because Trump has a contemptuous attitude toward our allies, I fear that they will suffer the most.

Five Other Trump Battles

2. Birthright citizenship (contested): As I'm sure you know, Trump's restriction on birthright citizen has been struck down in court. Almost no one thinks that the Supreme Court will side with Trump on this issue.

3. Inspectors general (contested): Trump fired at least 15 inspectors general and did not follow legal procedure in doing so. At least some of these inspectors general have vowed to contest this action.

4. Firing career civil servants (contested): Again, Trump did not follow legal procedure in firing career civil servants. At least some of them will contest this action.

5. Debt limit (Trump defeated): Few have taken note that Trump has been defeated on this issue. To enact tax cuts and spend as freely as he wished, Trump called on House Republicans to repeal the debt limit, which would get in the way of his plans. Fortunately, there is a group of House Republicans, primarily from the Freedom Caucus, who are adamantly against Trump's free spending ambitions. Thirty-eight House Republicans voted against eliminating the debt limit on December 19 and will not budge on this issue.

6. Eliminate filibuster (Trump defeated): Senate Majority Leader John Thune says that he is unwilling to eliminate the filibuster although Trump wishes he would. With the filibuster in place, any legislation in the Senate needs 60 votes to pass, apart from appointments and appropriations. In other words, much legislation needs a bipartisan majority.

Admittedly, the Senate has shown itself to be very timid in opposing Trump's will, so Trump may succeed in pressuring Senate Republicans to repeal the filibuster sometime in the next four years.

Attitudes for our times

Let’s end with some Franklin D Roosevelt quotes:

• There is nothing I love as much as a good fight.

• This great nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself.

• These dark days will be worth all they cost us if they teach us that our true destiny is not to be ministered unto but to minister to ourselves and to our fellow men.

• We know now that government by organized money is just as dangerous as government by organized mob.

My own attitude: Boy, do I hate having to fight for the future of my country. I’d rather curl up and read another ancient (or modern) history book. But if you mess with me, you have made me mad, and you will know that you have a fight on your hands.

Buy Season Tickets Today for Our Varsity Teams

Two legal teams that will be effective in fighting the Trump administration are Democracy Forward and the ACLU. Please add other suggestions in the comments.

https://democracyforward.org/action/donate/

https://action.aclu.org/give/now