The Muskrat claimed he would put USAID in the woodchipper, and he almost succeeded. He put 500 employees on administrative leave and planned to put another 2000 on leave as of 12 am February 8. He told every overseas worker that they had to return to the United States within 30 days — ordinarily, employees receive six to nine months’ notice. He cut off overseas workers from the agency’s website. They could not even receive warnings about possible dangers in the places where they were posted, and the panic button disappeared from their phones.
But their employee union sued and found a federal judge who listened. Trump appointee Judge Carl J Nichols reversed every action that Musk had taken! Joyce Vance reports that many lawyers who have appeared in front of Judge Nichols say he is a good and fair judge.
Democrats often complain that the right-wing mind is full of stereotypes as if Democrats could never be so simplistic. Remember, there are still conservatives among us who cherish the constitution and the rule of law. Also, many key witnesses at the January 6th committee were Republicans.
What About the Supreme Court?
The majority of Americans left and right have an extremely simplistic view of the Supreme Court. But on the other hand, the majority of Americans left and right, have extremely simplistic view of automobile electronics. American law is a supremely complicated matter. Over a thousand legal journals are published in the United States by law schools, bar associations, and other legal organizations. If there weren’t complicated issues to discuss, there would be no need for any of them.
While I am a historian, not a lawyer, law plays a gigantic role in history. Although I have been reading about the law for 60 years, I am careful to never settle on a legal opinion without consulting my trusted personal law firm. My big three are:
George Conway, Founder of the Society for the Rule of Law. This guy is Pure New York, and I love his sense of humor. He lives with his hair on fire. Check out his weekly video commentary on law and politics.
Joyce Vance, former US attorney and current Visiting Professor of Law at the University of Alabama. Check out her Substack newsletter on law and politics.
Steve Vladeck, professor at the Georgetown University Law Center, where he specializes in the federal courts, constitutional law, national security law, and military justice. Check out his Substack newsletter on the Supreme Court.
Coming somewhat behind my top three is Ruth Marcus, who graduated from Harvard Law, but who never practiced law because she began writing for the Washington Post while still in law school.
I know that many left-leaning Americans have zero trust in the Supreme Court. They don’t like the court’s recent decisions, so their opinion of the court boils down to: “SCOTUS bad!” Ironically, Trump is equally worried that the Supreme Court will rule against him!
Yet, two out of three of my personal law firm, plus adjunct Ruth Marcus, agree that SCOTUS will strike down at least SOME of Trump’s initiatives. I’m so glad that these experienced lawyers understand the mind of the Supreme Court better than the average American.
My Law Firm Analyzes Trump’s Chances with SCOTUS
George Conway [16:30]: “What happens if … the Supreme Court upholds [birthright citizenship] because the letter—obviously, there's two Supreme Court justices that might not do it anyway because they're Clarence Thomas and Justice Alito—but Amy Coney Barrett and Kavanaugh do because it's just about having reading comprehension, which I still think most of the people in the Supreme Court have.”
Steve Vladek: “To be as blunt as possible, there are no Supreme Court decisions that support those assertions of power [to impound funds appropriated by Congress, shutter agencies Congress has created, fire anyone within the executive branch who isn’t sufficiently loyal to the President], nor do they even logically follow from any plausible reading of the “unitary executive” theory. These assertions are already faring poorly in the courts, and I suspect the Supreme Court, or at least a majority thereof, will be as skeptical as lower courts have been.”
Joyce Vance: “Placing faith in the courts feels like unsteady ground in light of the Supreme Court’s willingness to give Trump a pass on criminality. Having already given him immunity from criminal prosecution for any official acts he commits, perhaps the conservative majority will see the wisdom of declining to consolidate all of the power of government in the hands of the president.”
Ruth Marcus: “My expectation is that those battling Trump will have mixed success. Undoing the constitutional guarantee of birthright citizenship or letting Trump ignore congressional spending decisions will, I predict, prove a step too far even for this court.”
Reagan Appointee Trashes Criminal President
U.S. District Judge John C. Coughenour (Reagan appointee), who ruled against Trump’s denial of birthright citizenship, tells it like it is.
“It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore, whether that be for political or personal gain. Nevertheless, in this courtroom, and under my watch, the rule of law is a bright beacon which I intend to follow.”
The Muskrat Loses Friends ... Bigly
Polling data from the Economist/YouGov found Republican views on Musk have soured since Trump took office. A survey released Wednesday shows 26% of Republicans want Musk to have “a lot” of influence on Trump, down from 47% when the same question was asked shortly after Trump’s victory in November. (The Economist/YouGov)
Keep Track of Everything!
This DATABASE includes every case that has been filed against the Trump Administration—39 so far. My friend David Roberts says, “I know some of these lawyers. They are polite, meticulous, brilliant legal killers.” Remember what I said in my January 29 post—“Our lawyers are always better than their lawyers.”
34 Felonies a Day???!!
Of course, we are watching the Olympics of political crime. To help you keep track of it all, here is a list of the laws Trump has blown past:
The Protecting Americans from Foreign Adversary Controlled Applications Act of 2024. The Administrative Leave Act of 2016. The Federal Information Security Modernization Act of 2014. The Affordable Care Act of 2010. The Foreign Affairs Reform and Restructuring Act of 1998. The Religious Freedom Restoration Act of 1993. The Computer Fraud and Abuse Act of 1986. The Inspector General Act of 1978. The Privacy Act of 1974. The Impoundment Control Act of 1974. The Rehabilitation Act of 1973. The Federal Advisory Committee Act of 1972. The Immigration and Nationality Act of 1952. The Administrative Procedure Act of 1946. The Public Health Service Act 1944. The Antideficiency Act of 1870.
Parting Thought
Ever wonder what history is?
This is it. You’re living through it.
AND climate change does make storms more intense.
Hi Kathleen,
Thanks for this cautiously hopeful essay. I join you in being grateful for Judge Nichols' rulings. We're just at the beginning here and it's important to celebrate any and all victories for the rule of law.
You mean they aren't all Mitch McConnells???