Sherrilyn Ifill is a law professor at Howard University and former president and director-counsel of the NAACP Legal Defense Fund. She writes a blog called Sherrilyn’s Newsletter, where this post appeared. Open the link to see her footnotes.

“There is never time in the future in which we will work out our salvation. The challenge is in the moment. The time is always now.”

-James Baldwin

Illustration by Nick Liu

The past week has shown us in stark terms what it means to fight – to actually fight – to protect against the rise of authoritarians. This week we also saw that somehow, despite years of preparation, some of the leaders of our most powerful institutions seem unprepared for the particular nature of this fight. Others appear just…. unwilling to engage.

Last week the Trump Administration took its most bold actions yet. Through the actions of either Trump himself, Elon Musk or members of Trump’s cabinet, this Administration has:

· Unleashed an unprecedented attack on higher education, the centerpiece of which was a targeted attack on Columbia University. In a letter sent to the University, the Administration[i]demanded that university essentially turn over its decision-making to the Trump Administration, insisting that the University close the Middle Eastern Studies Dept, ban mask-wearing, expel students involved in pro-Palestine protests, and announced the withholding of $400 million in federal dollars until the University accedes to Trump’s demands, unless the University took these actions to address “antisemitism on campus.” The Administration underscored its intentions by entering student dormitories and arresting a Palestinian student who is a legal permanent resident of the U.S. As his 8-month-pregnant wife looked on helplessly, ICE officers arrested Mr. Khalil and then disappeared him, moving him from facility to facility, and offering only vague and unsubstantiated justifications for his arrest. His central “crime” appears to be “advancing positions that are contrary to the foreign policy of this Administration,”[ii]– a concept so staggeringly outrageous it can scarcely be absorbed.

· Fired half the staff of the Department of Education[iii] – as a down-payment on the Administration’s vow to close the agency.

· Indicated its intention to “eliminate Social Security;”[iv]

· Continued firing government workers and removing funding from government agencies including NIH[v] and shuttering offices like the Voice of America.

· Intensified tariffs against Canada and rhetoric suggesting that the sovereign nation of Canada should be annexed to the U.S.;[vi] declared that the European Union was created to “screw the U.S.”; declared that the South African Ambassador to the United States is no longer welcome,[vii] continuing the Administration’s Musk-inspired determination to recognize racist white settlers as victims of Black rule.

· Issued Executive Orders targeting law firms who have litigated cases against Trump in the classified documents cases and who provided pro bono counsel to Special Counsel Jack Smith, removing security clearances and blocking government connected work.

· Argued in court that transgender soldiers should be removed from the military.[viii]

· Removed information about Black, Asian American and women military heroes from the Arlington National cemetery website,[ix]disappearing the accomplishments of people of color and women from official recognition.

And that’s just part of it.

But the resistance to Trump’s authoritarian rule has been busy as well:

· Protests across the country have demanded the release of Mahmoud Khalil, the Palestinian student taken into custody.[x]

· “Tesla Take Down” protests at Tesla dealerships across the country in protest against Elon Musk’s takeover of our government have been so effective in tanking the brand and its stock price,[xi] that President Trump turned the White House into a car lot and personally embodied the used car salesman he was destined to be (if not for his father’s money) in an attempt to gin up Tesla sales.

· Protests nationwide continue to demand an end to government worker firings.

· Voters have shown up at town halls across the country to express anger about proposed plans to cut Medicaid/Medicare and Social Security[xii].

· Lawsuits filed by parents,[xiii] and by a score of states[xiv] have challenged the closing of the Education Department.

· Perkins Coie, the law firm targeted by Trump boldly challenged the Trump administration’s effort to blackball the firm and imperil its business;[xv]

· Federal courts have required Trump to rehire thousands of federal employees fired by DOGE[xvi]

· Federal courts have enjoined Trump’s efforts to freeze spending on governments grants and other funding.[xvii]

· Federal courts enjoined the Administration from removing migrants targeted under Trump’s invocation of the Alien Enemies Act – a decision the Trump Administration has defied.[xviii]

But the big stories last week were less about those who have protested and sued, and more about those among the most powerful institutional actors who appear to have lost the plot. Political scientists Steve Levitsky and Ryan Enos offered a blistering and spot-on condemnation of universities that have remained silent in the face of Trump’s authoritarian challenge to the freedom of universities.[xix]Calling out Harvard University specifically (where both scholars teach) for its silence in the face of the hideous attacks on Columbia University, Levitsky and Enos condemned the inaction of universities that have chosen a strategy of “lying low, avoiding public debate (and sometimes cooperating with the administration) in the hope of mitigating the coming assault.”[xx]

Meanwhile on Capitol Hill, Senate Minority Leader Chuck Schumer has faced a wave of outrage and demands for resignation after his decision to vote in favor of cloture to avert a government shutdown. To be sure, the Democrats have few options for stopping the Republicans, who are firmly in the majority in the House and Senate from torching our government. But as many of us have been reminded ad nauseum during the years when Democrats controlled the Senate, the filibuster is one of the few procedural rules the party in the minority in the Senate has to counter being overrun by the majority.

But frustratingly, although Democrats were unwilling to abolish the filibuster in 2022 to advance their agenda, last week they were unwilling to use the filibuster to defy the Republican power grab. Heads the Republicans win. Tails the Democrats lose.

It was hard to understand the point of Democrats affixing their signature to a continuing resolution to fund a government that is being cut to the bone every day by Elon Musk – an unelected billionaire with no official government position – who has been permitted to usurp the appropriation power of Congress. When Trump and Musk lawlessly gut agencies and fire government workers, and Speaker Mike Johnson and his caucus cede the power of Congress to the President, we are in a constitutional crisis.

Trump and Musk’s anti-constitutional usurpation of congressional power with the complicity of the Republicans in Congress is an emergency. It demands an emergency response. Minority Leader Schumer and 7 other Democratic Senators (and I suspect more who were covered by the Leader’s unpopular action) were unprepared to meet the moment in a way that would have upped the stakes. Sometimes when the game is fixed, you have to overturn the tables.

I will concede a serious point Schumer later offered that got lost in the Comms disaster of his Wednesday night statement that suggested there would be a shutdown, and then his Thursday morning announcement that he would vote to avert one. If the government shutdown happened, there would be little chance of obtaining judicial orders enjoining decisions by Trump/Musk to eliminate programs, because legally during a government closure, the President enjoys unfettered power to determine which functions of government are “essential” – standard to which the courts would likely defer. By contrast, with the government open, challenges to DOGE firings and closures continue to do fairly well in the courts and have slowed down the force of Musk’s chainsaw.

In any case, Schumer’s decision and perhaps moreso the clumsy comms that accompanied it have resulted in boiling outrage within the base of the party, including calls for him to step down from leadership.

Of course, none of this compares to the perfidy of the Republican Party. We must never forget the unconscionable and dastardly conduct of Speaker Mike Johnson and the Republicans in the House and Senate – men and women who have abdicated their allegiance to this country and to democracy itself. Their cowardice and complicity in the destruction of this country must never be forgotten or whitewashed. Their betrayal is singular and historic. 

But there’s another group that is failing to meet this moment. America’s corporate leadership has been nearly silent during one of the most volatile economic periods in years. Last week the stock market took a nosedive – entering “correction” status as a result of Trump’s manic and unhinged tariff announcements. [xxi] Trump’s erratic tariffs – up one day, down the next, up again two weeks later – are lunacy. Every rational business leader knows that.[xxii] The predictable market response to Trump’s irrationality threatens the retirement plans of older Americans hoping to retire and the American economy. America’s leadership in the world has been compromised by Trump’s saber-rattling, and his insistence on imperialist moves towards Canada, the Panama Canal and Greenland, is destabilizing the integrity of perception of American stability. Combined with the massive government lawyers, Trump’s policies are bad for America and bad for business.

As Trump literally tanks the American economy and the trust of the international business community, where are the voices of America’s business leaders? Are they all hoping that Trump will do a commercial on the White House lawn hawking their products too? Are the leaders of the Business Roundtable (200 CEOs of the nation’s leading corporations) agnostic about the President’s stubborn insistence on policies that are wrecking the U.S. economy and our standing in the world?

These same business leaders enabled the lie that Trump is a “successful businessperson” – knowing full well that Trump does not seem to know what he’s talking about when he wades into economics, knowing of his six bankruptcies, knowing of his refusal to pay contractors, his false representations, and knowing that no responsible Fortune 500 CEO would ever have gone into business with Trump before he was elected President, or even after. Being wealthy is not the same as being a successful businessperson and they all know it. 

In an interview on CNBC, even host Maria Bartiromo – a Trump sycophant – felt compelled to remind Trump that successful business leaders need predictability to make coherent decisions about investments, infrastructure, expansion, and product development for markets. She noted that the up-and-down tariff mania undermines predictability. Trump responded, “well they say that. It sounds good to say.” Really? Is that it? Or is it a fundamental tenet of business that even a first year MBA student would know? At other times last week he has repeated with “we’re gonna have so much money from the tariffs” with a desperate insistence that suggested mental instability.

American corporations have either tried to placate Trump by paying tribute,[xxiii] or have “crawled into a protective shell” like the university officials called out by Levitsky and Enos. In either case, it is utterly irresponsible. Their voices and influence – presented collectively and forcefully – are critical to protecting the economic interests of this country, and our democracy. Their failure to act is a betrayal of their responsibility as citizens.

Media owners have shamed themselves – whitewashing their teams,[xxiv] surrendering the independence and diversity of their editorial pages,[xxv] and taking a knee before Trump’s demands rather than standing firm in the face of the challenge to our democracy.[xxvi]

In the week ahead, there will be many additional opportunities for leaders from our most powerful democratic institutions to meet this moment. Already it appears that the Trump Administration has defied a federal court order to turn around planes taking Venezuelan migrants accused of being to El Salvador.[xxvii] The Administration announced that the first 250 migrants arrived in El Salvador.[xxviii] What does that mean? Two hundred-fifty Venezuelan nationals have been disappeared into the one of the world’s most notoriously abusive prisons in El Salvador, without judicially approved trials or due process. 

What will judges do as Trump appears to defy judicial orders? This week will test the readiness of our judiciary to defend the rule of law.

Meanwhile ordinary people have been showing tremendous leadership, protesting, launching and participating in boycotts, conducting teach-ins, calling their elected representatives every week, sometimes several times a week, visiting district offices, participating in “die-ins,” writing letters and petitions, and building support for opposition candidates in special elections. A “mass march” has been announced by the organization Hands/Off for April 5th, although information is still spotty [please drop info in the comments]. Black churches have launched a 40-day Lenten boycott of Target for its obsequious abandonment of its DEI commitments.[xxix]

Every day we are called upon to meet the moment. As we see our neighbors seized by plainclothes agents without judicial warrants, and see our workplaces “obey in advance” – removing from websites, official policies and even mission statements expressing their commitment to equality and to inclusion, and as we see law firms crouch before this Administration’s threats, and media outlets silence voices that write the truth about this Administration, we have to decide how we will respond.

All over America ordinary people are looking into their toolboxes of non-violent actions and determining which ones they will use. It’s been beautiful to see.

But we must not absolve the leaders of our most powerful institutions – those who have the money and power, and influence to insulate themselves from the worst consequences of this Administration’s excesses – from their obligation to act and to meet the moment.

To those who are business leaders, captains of industry, university leaders, and media owners, decide who you will be at this moment. If we fully lose democracy in this country, it will be because the most privileged among us refused to accept the responsibility to speak out, to say “no more,” and to lead. History will not kindly remember those who left it to Americans with considerably less power and protection, to do the hard work of saving this country. Your tax cuts will not be large enough to cover your shame. And we will remember.