Archives for category: Democracy

Marc Elias is a lawyer who leads a group called Democracy Docket. He and his team regularly sue to block threats to our democracy. He is one of the nation’s most prominent voting rights attorneys.

Elon Musk doesn’t like Elias. He doesn’t like it when Elias gets in his way.

Here is a recent exchange between them:

Elon Musk recently posted on his site that another lawyer and I are “undermining civilization.” He goes on to ask if we suffered childhood trauma and concludes by suggesting we are suffering from “generational trauma.” This is my response.

Mr. Musk,

You recently criticized me and another prominent lawyer fighting for the rule of law and democracy in the United States. I am used to being attacked for my work, particularly on the platform you own and dominate.

I used to be a regular on Twitter, where I amassed over 900,000 followers — all organic except for the right-wing bots who seemed to grow in number. Like many others, I stopped regularly posting on the site because, under your stewardship, it became a hellscape of hate and misinformation.

I also used to buy your cars — first a Model X and then a Model S — back when you spoke optimistically about solving the climate crisis. My family no longer owns any of your cars and never will.

But this is not the reason I am writing. You don’t know me. You have no idea whether I have suffered trauma and if I have, how it has manifested. And it’s none of your business.

However, I will address your last point about generational trauma. I am Jewish, though many on your site simply call me “a jew.” Honestly, it’s often worse than that, but I’m sure you get the point. There was a time when Twitter would remove antisemitic posts, but under your leadership, tolerating the world’s oldest hatred now seems to be a permissible part of your “free speech” agenda.

Like many Jewish families, mine came to America because of trauma. They were fleeing persecution in the Pale of Settlement — the only area in the Russian Empire where Jews were legally allowed to reside. Even there, life was difficult — often traumatic. My family, like others, lived in a shtetl and was poor. Worse, pogroms were common — violent riots in which Jews were beaten, killed and expelled from their villages.

By the time my family fled, life in the Pale had become all but impossible for Jews. Tsar Nicholas II’s government spread anti-Jewish propaganda that encouraged Russians to attack and steal from Jews in their communities. My great-grandfather was fortunate to leave when he did. Those who stayed faced even worse circumstances when Hitler’s army later invaded.

That is the generational trauma I carry. The trauma of being treated as “other” by countrymen you once thought were your friends. The trauma of being scapegoated by authoritarian leaders. The trauma of fleeing while millions of others were systematically murdered. The trauma of watching powerful men treat it all as a joke — or worse.

As an immigrant yourself, you can no doubt sympathize with what it means to leave behind your country, extended family, friends and neighbors to come to the United States. Of course, you probably had more than 86 rubles in your pocket. You probably didn’t ride for nine days in the bottom of a ship or have your surname changed by immigration officials. Here is the ship manifest showing that my family did. Aron, age three, was my grandfather.

As new immigrants, life wasn’t easy. My family lived in cramped housing without hot water. They worked menial jobs — the kind immigrants still perform today. 

Some may look down on those immigrants — the ones without fancy degrees — but my family was proud to work and grateful that the United States took them in. They found support within their Jewish community and a political home in the Democratic Party.

I became a lawyer to give back to the country that gave my family a chance. I specialize in representing Democratic campaigns because I believe in the party. I litigate voting rights cases because the right to vote is the bedrock of our democracy. I speak out about free and fair elections because they are under threat.

Now let me address the real crux of your post.

You are very rich and very powerful. You have thrown in with Donald Trump. Whether it is because you think you can control him or because you share his authoritarian vision, I do not know. I do not care.

Together, you and he are dismantling our government, undermining the rule of law and harming the most vulnerable in our society. I am just a lawyer. I do not have your wealth or your platform. I do not control the vast power of the federal government, nor do I have millions of adherents at my disposal to harass and intimidate my opponents. I may even carry generational trauma.

But you need to know this about me. I am the great-grandson of a man who led his family out of the shtetl to a strange land in search of a better life. I am the grandson of the three-year-old boy on that journey. As you know, my English name is Marc, but my Hebrew name is Elhanan (אֶלְחָנָן) — after the great warrior in David’s army who slew a powerful giant.

I will use every tool at my disposal to protect this country from Trump. I will litigate to defend voting rights until there are no cases left to bring. I will speak out against authoritarianism until my last breath.

I will not back down. I will not bow or scrape. I will never obey.

Defiantly,

Marc Elias

The Miami Herald reports that some of the men who were deported as “dangerous members of a Venezuelan gang” had no gang ties. Since the men were deported without any due process, we have no way of knowing whether they were justly or unjustly arrested and deported.

In the U.S., the law requires due process and a presumption of innocence. The Trump administration bypassed the rule of law so they could create the illusion of a crackdown on dangerous immigrants.

The Miami Herald said:

The day after he was arrested while working at a restaurant in Texas, Mervin Jose Yamarte Fernandez climbed out of a plane in shackles in El Salvador, bound for the largest mega-prison in Latin America. His sister, Jare, recognized him in a video shared on social media. As masked guards shaved detainees’ heads and led them into cells at the maximum-security complex,

Yamarte Fernandez turned his gaze slowly to the camera. “He was asking for help. And that help didn’t come from the lips. It came from the soul,” said Jare, who asked to be identified by her nickname because she fears for her family’s safety and who added her brother has no previous criminal record. “You know when someone has their soul broken.”

Yamarte Fernandez, 29, is among 238 Venezuelans the Trump administration accused of being gang members without providing public evidence and sent over the weekend to El Salvador’s Terrorist Confinement Center, a prison about 45 miles from the capital designed to hold up to 40,000 people as part of a crackdown on gangs. They will be jailed for at least one year, El Salvador’s President Nayib Bukele said in a statement on X, following a deal brokered between the two countries in February.

His sister identified him in a video shared on social media by the Salvadoran government. “He shouldn’t be imprisoned in El Salvador, let alone in a dangerous prison like the one where the Mara Salvatruchas are held,” his sister told the Miami Herald.

“These heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American people,” White House Press Secretary Karoline Leavitt said.

But families of three men who appear to have been deported and imprisoned in El Salvador told the Miami Herald that their relatives have no gang affiliation – and two said their relatives had never been charged with a crime in the U.S. or elsewhere. One has been previously accused by the U.S. government of ties to the feared Tren de Aragua gang, but his family denies any connection.

Neither the Department of Homeland Security nor Immigration and Customs Enforcement responded to Miami Herald questions about what criteria was used to select detainees sent to El Salvador, what the plan is for detainees incarcerated abroad, and whether the government had defied a federal judge’s orders to send them there.

Read more at: https://www.miamiherald.com/news/local/immigration/article302251339.html#storylink=cpy

In his desire to control every aspect of the federal government, Trump has fired Democrats whose term has not expired on independent boards; terminated nonpartisan Departmental Inspectors General whose job is to investigate waste, fraud, and abuse; fired the Ethics Officer (Hampton Dillinger) who receives whistleblower complaints; and tried to dominate every independent agency.

Our government was designed with many checks and balances to assure that no president has total control. Trump, or the people who think for him, are deliberately tearing down every such check or balance.

Currently, Trump is waging a battle to take full control of the Merit Systems Protection Board y firing one Democratic member, leaving it without a quorum and unable to function.

Government Executive reports:

The Trump administration on Tuesday asked a three-judge circuit court panel to suspend rulings from district judges that reinstated ousted Biden appointees to the Merit Systems Protection Board and National Labor Relations Board in a case that ultimately seems likely to end up in the Supreme Court. 

The judges were respectively appointed by Presidents George H.W. Bush, Barack Obama and Donald Trump. Earlier this month, the trio allowed for Special Counsel Hampton Dellinger to be removed while the court heard the Trump administration’s appeal of a similar district judge ruling that blocked Trump’s firing of the special counsel. Following that decision, Dellinger decided to drop his lawsuit.  

Trump on Feb. 10 attempted to fire MSPB board member Cathy Harris, whose term expires in 2028. Harris represents one-third of the federal employee appeals board that has experienced a surge in cases as a result of the president’s mass firings and layoffs of civil servants. 

A district judge on March 4 stopped the removal, agreeing that the president can only remove an MSPB member for “inefficiency, neglect of duty or malfeasance in office.” 

Harris on March 5 ordered the temporary reinstatement of thousands of Agriculture Department probationary employees who were fired by the Trump administration. 

“Congress, which is the people’s representatives, have enacted a law…to say that these types of neutral arbiters have a measure of protection [from removal] because otherwise they can’t decide cases free of fear or favor,” Harris’ lawyer argued on Tuesday. 

If Harris is removed, that would leave MSPB without a quorum. From 2017 to 2022, the board also lacked a quorum, which created a 3,500-case backlog that was only virtually eliminated at the end of 2024. Due to an interim final rule established that same year, MSPB can conduct some actions without a quorum.

Likewise, a district judge on March 6 reinstated Gwynne Wilcox to the NLRB. Trump in late January fired Wilcox ahead of the end of her term in 2028, leaving the agency that resolves unfair labor practices in the private sector without a quorum to hear and decide cases. 

“The president has no legitimate interest in disabling this body created by Congress from performing its functions. He does have a legitimate interest in, [as] a new president elected by the people, putting his stamp on the agency,” Wilcox’s attorney said. “He does that by naming a new general counsel [and] he does that by naming the chair, which he has done. And he could do that, hasn’t done so yet, by naming people to the two vacancies. All of that would put his stamp on the agency and allow it to function in the way that he would like.” 

The Trump administration, on the other hand, contended that the president should be able to remove members of the MSPB and NLRB at will. 

Thom Hartmann asks a question that we should all ask? Why is there so much poverty in a land of plenty? Why is there such disparity in access to medical care? Why do working class people vote to elect a billionaire who is surrounded by other billionaires? Why did they think he had their best interests at heart when he has no heart?

Thom begins:

Welcome to America’s sickest reality show — where families turn to crowdfunding for cancer treatments while billionaires hoard obscene wealth. In no other developed nation do sick children depend on charity to survive, but here, it’s just another episode of our rigged system…

Consider the ubiquitous ad for the company that buys life insurance policies. The senior citizen in the ad says something to the effect of, “We learned that we could sell our policy when a friend did so to pay their medical bills.”

Wait a minute: we live in the richest country in the world, with the richest billionaires in the world, and we have people who must sell their life insurance policies — depriving their middle-class kids of an inheritance — because somebody got sick?

That sure isn’t happening in most European countries, Canada, Costa Rica, Japan, Taiwan, or South Korea. 

While every year over a half-million American families are wiped out so badly by medical debt that they must file for bankruptcy and often become homeless, the number of sickness-caused bankruptcies in all those countries combined is zero.

Another ad is for a company that sells “reverse mortgages” that let people strip equity out of their homes to cover living and medical expenses. Tom Sellick is a nice guy and all, but are there really that many seniors who are now destitute and thus must wipe out their largest store of wealth just to retire? And how much worse will this get as Elon Musk guts the Social Security administration?

Then there’s the ad for the Shriner’s hospital for children. One of the kids in the ad says to the camera that she was able to walk “because of people like you!” Here in American we must resort to crowdfunding medical care for children with deformities and birth defects?  What the hell?

Why aren’t we all funding cancer cures and help for disabled for kids with our tax dollars? With, at the very least, the tax dollars of America’s billionaires?

Oh, yeah, that’s right: billionaires in America pretty much don’t pay income taxes any more, and haven’t since Reagan. 

That ad is often followed by one for colostrum, a milk product that is supposed to help the immune system, with the ad’s pitch-lady saying something like, “There are over 90,000 chemicals in our environment that haven’t been tested for toxicity…” 

And, damn, she’s right.

Open the link and finish the article if you want to learn more.

The following statement was drafted and signed by faculty at Teachers College, Columbia University.

The Trump administration is cynically using the pretext of “fighting anti-Semitism” to attack universities and control them. It has withheld $400 million from Columbia University and demanded changes to its curriculum and other policies.

This is outrageous. It is fascistic. It is an attack on academic freedom. Columbia University is a private university, one of the best in the nation. It should rebuff this repellent effort to strip it of its independence and academic freedom.

A Statement by Teachers College, Columbia University Faculty

The Attack on American Education, from our Perspective as Teachers College Faculty

March 19, 2025

We are a group of Teachers College faculty with expertise in the areas of education, health, and psychology. We write in response to the attacks by the federal government on Columbia University, and education. Teachers College is an independent institution, with its own charter, president, board of trustees, and regulations, yet we are also affiliated with Columbia University and are thus deeply affected by the current moment. We emphasize that this statement is not an official response by Teachers College, and represents only the views of its authors.  

As researchers and teachers, we share with our colleagues in higher education a deep concern about the many ways that higher education is under threat at this moment. But as scholars at a graduate school of education, whose work covers the lifespan, from infants to elders, we have a distinct perspective. We see the attack on Columbia as part of a larger offensive by the Trump administration and the Republican party against education at all levels. An attack on academic freedom and the First Amendment is taking place on multiple fronts, all of which impact the basic human activity of learning in all of its forms and meanings. 

Efforts to dismantle Diversity, Equity, and Inclusion (DEI) initiatives, erase curricular content that speaks to our nation’s true and difficult past and its ongoing inequities, and intrude into the processes by which educational institutions from local school districts to universities make decisions on what and how to teach: all are connected to a desire to stifle critical thinking and prevent us from actively participating in our democracy. The intention of the Trump administration is clear. By gutting important systems of education, they can shape our thoughts and words, creating a new generation without the skills required to actively participate in our democracy and push back against oppression.

 At Columbia University specifically, the Trump administration has cancelled over $400 million in research and intervention funding and is threatening further action unless the university caves to a series of demands that would radically transform the institution and undermine its fundamental role in a democracy, as our colleagues in the Columbia chapter of the AAUP detail in this letter. Such actions also violate the constitutional law and the substance and process of TItle VI, as detailed by several of our colleagues in the Columbia Law School.

The broad strategies of the administration’s attack on higher education were outlined earlier in Project 2025, but the particular tactics have been shaped by both world and local events since the October 7, 2023 Hamas attack on Israel and the Israeli war on Gaza that followed and continues. The accusation that Columbia is unable and unwilling to protect its Jewish students is being used to strip it of funding, especially for research in its medical school, as well as other areas of the institution. Several funded projects in education, health, and psychology at Teachers College have already been cancelled, affecting research and programs ranging from higher education access, graduate training for much-needed school psychologists, social services  for students, and more.

We recognize that Columbia, like many institutions, has much ongoing work to do to ensure campus is a place that can foster and support everyone’s learning, by actively addressing antisemitism, Islamophobia, and all forms of discrimination and hatred. Yet the disproportionate response to anti-war protest on our campus must be acknowledged. We take note of the “Palestine exception,” which blocks discourse by treating Palestine and Palestinians as topics beyond First Amendment and academic freedom protections. Such a pattern has barred necessary speech and difficult dialogues on our campuses, causing division and fear amongst students, staff, and faculty members. To be sure, maintaining space for anti-war protest and other forms of political dissent within a community needs to be done with sensitivity and care, alongside respect for the rights of students to challenge one another and express ideas, including deeply controversial ones.

While this week’s education news has been dominated by Columbia, previous weeks focused on the K-12 landscape. Developments included the appointment of a Secretary of Education with no education expertise, unable even to correctly identify the IDEA (Individuals with Disabilities Education Act) – one of our nation’s largest pieces of federal education and civil rights legislation, which she is charged by Congress to administer. The administration laid off half of the Department of Education’s workforce. The firings have all but shuttered the more than 150 year old National Center for Education Statistics, on which countless areas of education research, including “The Nation’s Report Card” via the National Assessment of Educational Progress and studies that focus on measuring equity, rely. These are the staffpeople who ensure that Congressionally-approved funds for Title I of the Elementary and Secondary Education Act (for children living in poverty), the IDEA and Section 504 of the Rehabilitation Act for disabled students, and federal financial aid to higher education make their way to their intended students, families, and communities. Major staff reductions at the Department of Education’s Office of Civil Rights intentionally impede this division from ensuring equitable treatment of children in our nation’s schools. 

As in higher education, the Trump administration not only seeks to usurp the Congressional power of the purse but does so in the name of false and misleading representations of the state of our educational institutions. Whatever claims to the contrary, American public education is governed chiefly by state constitutions and local school districts. They decide what students learn, how teachers teach, and how student success is measured. When, for example, executive orders seek to disregard that law and tradition, we applaud leaders who, like Maine Governor Janet Mills, respond with “See you in court!”.

As experts on teaching and learning, we know that the most profound moments of learning are usually uncomfortable, as they may lead people to question taken-for-granted assumptions about themselves and the society they inhabit. The goal of good teaching is not to eliminate that discomfort, but to give it a productive use. The barrage of Executive Orders, threats to the Department of Education, and mandates such as the March 13 letter are aimed at restricting discourse and generating fear in teachers and students, especially those most vulnerable: non-US citizens, racially or ethnically minoritized populations, gender and sexually diverse and expansive people, and disabled people. Teaching and learning are much more difficult when one is afraid, and pedagogy can easily turn to rote memorization and repetition in order to avoid controversy.

While the White House accuses elementary and secondary schools as well as higher education of indoctrinating students, against the evidence, what we see is an attack on the capacity for criticism — paving the way for authoritarianism and fascism. The idea that directing criticism at the US or its geopolitical allies is un-American runs counter to much of the history of this nation. As James Baldwin once stated, “I love America more than any other country in the world and, exactly for this reason, I insist on the right to criticize her perpetually.” It is extremely hard, if not impossible, for people of any age to do the difficult work of learning, of understanding multiple perspectives on an issue, of offering counterpoints to commonly assumed views, when people are scared of losing their livelihoods and/or their visas, being arrested or deported, or being deemed enemies of the state by the highest office in the land.

As educators and researchers concerned with justice and equity, we cannot stay silent.  What becomes of the University if it succumbs to the demands of a political party or leader and cedes its rights of free speech, free expression, and free inquiry? What becomes of research if its pursuit of truth is shaped by what faculty are not allowed to say, and the topics they cannot investigate? What becomes of our students if they are only permitted to think, speak, and be in ways that follow the political winds? 

We call on university leaders, on our campus and beyond, to use all of the tools at their disposal, including collective efforts across the sector and litigation, to stand for academic freedom, and for First Amendment rights of free speech, inquiry, and debate, and thus to stand for our democracy.

And we pledge, as faculty members in an institution of higher education, to recognize that the challenges facing us are not unique to our institution or to higher education. They are shared challenges that at this moment link us to all those devoted to education and to learning at all stages across the life span. We celebrate the efforts such as the suit filed by the National Education Association and the American Civil Liberties Union to stop Trump administration efforts to curtail diversity, equity, and inclusion in education. We must find ways to work with one another for our students, our communities, and our still-developing democracy. 

Daniel Friedrich, PhD, Associate Professor of Curriculum, Department of Curriculum and Teaching

Ansley Erickson, PhD, Associate Professor of History and Education Policy, Department of Education Policy and Social Analysis

Melanie Brewster, PhD, Professor of Counseling Psychology, Department of Counseling and Clinical Psychology

Ezekiel Dixon-Román, PhD, Professor of Critical Race, Media, and Educational Studies Director, Edmund W. Gordon Institute for Advanced Study. 

Kay James, PhD, Associate Professor of Neuroscience & Education, Department of Biobehavioral Sciences

Additional signatures, added at 6pm daily. 

Anonymous (11)

Jennifer Lena, PhD, Associate Professor of Arts Administration, Department of Arts and Humanities

Brandon Velez, PhD, Associate Professor of Counseling Psychology, Department of Counseling and Clinical Psychology

Luis A. Huerta, PhD, Professor of Education and Public Policy; Chair, Department of Education Policy and Social Analysis

James Borland, PhD, Professor of Education, Department of Curriculum and Teaching

Nathan Holbert, PhD, Associate Professor of Communication, Media, and Learning Technologies Design

Sonali Rajan, EdD, Professor of Health Promotion and Education, Department of Health Studies and Applied Educational Psychology

Carolyn Riehl, PhD, Associate Professor of Sociology and Education Policy 

Beth Rubin, PhD, Professor of Education, Department of Arts & Humanities

Lucy Calkins, PhD, Robinson Professor of Children’s Literature, Department of Curriculum & Teaching

Gita Steiner-Khamsi, PhD, William H. Kilpatrick Professor of Comparative Education, Department of International and Comparative Education

Mark Anthony Gooden, PhD, Christian Johnson Endeavor Professor of Education Leadership, Department of Organization & Leadership

Sandra Schmidt, PhD, Associate Professor of Social Studies Education, Department of Arts & Humanities  

Haeny Yoon, PhD, Associate Professor of Early Childhood Education, Department of Curriculum and Teaching

Judith Scott-Clayton, PhD, Professor of Economics & Education, Department of Education Policy & Social Analysis

Alex Eble, PhD, Associate Professor of Economics & Education, Department of Education Policy & Social Analysis

Prerna Arora, PhD, Associate Professor of Psychology and Education, Department of Health Studies & Applied Educational Psychology

Megan Laverty, PhD, Professor of Philosophy and Education, Department of Arts and Humanities 

Ioana Literat, PhD, Associate Professor of Communication, Media and Learning Technologies Design, Department of Math, Science, and Technology

Yolanda Sealey-Ruiz, Ph.D, Professor of English Education, Department of Arts and Humanities

I have stopped reporting on court orders because there are so many of them, sometimes different judges give conflicting opinions, and sometimes one opinion supersedes another.

But this one was too good to pass up. The issues will ultimately be decided by the U.S. Supreme Court. But this is the first to challenge directly the authority of Elon Musk and DOGE.

The Washington Post reported:

A federal judge in Maryland on Tuesday temporarily blocked billionaire Elon Musk and the U.S. DOGE Service from taking further actions to dismantle the U.S. Agency for International Development and ordered that steps be taken to allow the agency to reoccupy its headquarters inside the Ronald Reagan building in Washington, D.C., should the plaintiffs in a lawsuit challenging Musk’s actions win their case.

The judge also ordered DOGE to restore email and other access to thousands of employees who have been cut off from the agency, including those stationed in dangerous areas with their jobs in limbo. He prohibited DOGE from disclosing USAID employees’ personal information outside the agency and said any other action relating to USAID must be made with the “express authorization of a USAID official with legal authority.”

The preliminary injunction issued by U.S. District Judge Theodore D. Chuang in a federal court in Maryland, though it leaves a door open for the Trump administration to continue its elimination of USAID, marks another blow to the administration’s efforts to dramatically reduce the size of the government after other federal court orders to reinstate thousands of fired federal workers. Chuang’s ruling remains in effect until a further court order, which could come at another point in the lawsuit or after a trial.

On Monday, the Trump administration moved to reinstate thousands of probationary workers after another judge in Maryland ruled that those firings had been conducted illegally, a decision that is now before a federal appeals court.

The lawsuit was brought by the State Democracy Defenders Fund on behalf of more than two dozen USAID workers named only as plaintiffs J. Does 1-26. They allege that Musk’s assumption of vast authority over federal agencies is “unprecedented in U.S. history” and, under the Constitution, could be exercised only by someone who has been nominated by the president and confirmed by the Senate as an “Officer of the United States.” The lawsuit also asserts that DOGE’s moves to eliminate USAID violate the Constitution, because the agency was created by Congress and only Congress can do away with it.

In a 68-page legal opinion accompanying the injunction, Chuang agreed that the Trump administration has acted to effectively dismantle USAID and concluded that the plaintiffs are likely to succeed in their claim that those actions violate the Constitution’s separation of powers doctrine.

“Where Congress has prescribed the existence of USAID in statute pursuant to its legislative powers under Article I, the President’s Article II power to take care that the laws are faithfully executed does not provide authority for the unilateral, drastic actions taken to dismantle the agency,” Chuang wrote.

The judge’s order, however, applies only to Musk and DOGE — not to USAID officials themselves. Chuang specified that although the dismantling of USAID — even by USAID officials — “likely violates” the Constitution, USAID officials are not parties to the case and not subject to his order. Justice Department lawyers have argued that it is USAID officials, not Musk or DOGE, who have conducted the mass personnel and contract terminations.

Though the lawsuit is not over, the State Democracy Defenders Fund heralded the judge’s ruling while the White House and Musk attacked Chuang.

“Today’s decision is an important victory against Elon Musk and his DOGE attack on USAID, the U.S. government and the Constitution,” said Norm Eisen, executive chair of State Democracy Defenders Fund, in a statement Tuesday. “They are performing surgery with a chainsaw instead of a scalpel, harming not just the people USAID serves but the majority of Americans who count on the stability of our government. This case is a milestone in pushing back on Musk and DOGE’s illegality.”

A White House spokeswoman responded to Chuang’s order by saying he is among “Rogue judges” who are “subverting the will of the American people in their attempts to stop President Trump from carrying out his agenda.”
“If these Judges want to force their partisan ideologies across the government, they should run for office themselves,” said Anna Kelly, deputy press secretary for the White House, in a statement. “The Trump Administration will appeal this miscarriage of justice and fight back against all activist judges intruding on the separation of powers.”

The Trump administration seems to believe that federal courts may not overturn Presidential decisions. That matter was resolved in a case called Marbury v. Madison in 1803.

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.

Trump has closed down the Voice of America, the government-run radio service that has brought news to 420 million listeners around the world since 1942, during World War II. Although he appointed Kari Lake, a Trump ally and election-denier who lost races for Governor of Arizona and the U.S. Senate, to take charge of Voice of America, her assignment just disappeared.

The Washington Post reported (with an emphasis on Kari Lake’s tough luck):

During his first term, Donald Trump accused Voice of America of speaking “for America’s adversaries — not its citizens.” Over the weekend, he essentially dismantled it.
Late Friday, Trump issued an executive order that directed VOA and an array of federal offices to “be eliminated to the maximum extent consistent with applicable law.” About 1,000 journalists were placed on indefinite leave. Those who showed up to work to broadcast their programs were locked out of the building…

Voice of America delivers news coverage to countries around the world where a free press is threatened or nonexistent. At its start, VOA told stories about democracy to people in Nazi Germany. VOA and affiliates such as Radio Free Europe and Radio Free Asia are designed as a form of soft diplomacy, a way to tout the United States’ free-press values in countries where antidemocratic forces prevail.

Who benefits by closing the VOA?

Russia. China. North Korea. Iran. And every other authoritarian regime.

Tough luck for Lake but good news for repressive dictatorships.

Jeff Nesbit, who worked at both the National Institutes of Health and the National Science Foundation, wrote this article for The Contrarian. The question is one that I keep asking about many federal government programs that are being eliminated by Trump and Musk, like USAID.

Why? It makes no sense.

The fact that Trump chose Robert F.Kennedy Jr. as Secretary of Health and Human Services should have been an alarm bell; Kennedy is not only unqualified, he is stridently hostile to science.

The only beneficiary of this insane and reckless slashing of our most successful programs would be our international enemies, Russia and China. They want us to fail. Trump and Musk are making their dreams come true.

Nesbit wrote:

A siren call is cascading wildly through the corridors of every major academic center in America right now with a huge question firmly at its epicenter: Why are Health and Human Services Secretary Robert F. Kennedy, Elon Musk’s Department of Government Efficiency, and President Donald Trump’s White House team hellbent on destroying the National Institutes of Health, the world’s gold standard of biomedical research?

There isn’t an easy answer to the question, unfortunately.

What is true and known is that Kennedy’s HHS team has halted communications activities about NIH grants; throttled necessary peer-reviewed grant-review meetings; ordered the federal agency staff to review dozens of keywords in thousands of existing grants and issue termination letters based on what it finds; threatened to fire hundreds of expert reviewers and core staff at the agency; placed a cap on indirect costs that underpin basic scientific and medical research; and put woefully unprepared, lower-level career staff in charge of key functions at the agency.

The actions have ground NIH to a halt and sent shockwaves through academia and the biomedical research institutions that have created nearly all our life-saving breakthroughs in the past quarter century. Higher education leaders have halted Ph. D. programs in response. Major research labs are being shuttered or told to stop most of their research.

An American biomedical research enterprise that has been the envy of the world’s science and medical community for decades has been surprised and shocked by the careless destruction of core staff functions and almost mindless efforts to purge NIH of hundreds or thousands of grants for reasons that seem ideological at best and irrational and dangerous at worst.

The question, again, is why? Why are Kennedy, Musk and Trump determined to eviscerate the most successful biomedical research system the world has ever known—a scientific enterprise that produces life-saving medicines and leads to breakthroughs (via basic scientific and medical research) that the private sector would never support?

There was a time, once, that NIH was supported by majorities of Republican and Democratic politicians. NIH’s budget, which supports the entire biomedical research field, has grown year after year with large, non-controversial, bipartisan majorities in Congress.

Until now. Trump and Musk have clearly determined that NIH and the National Science Foundation (NIH’s companion in the world of basic scientific research funding) need to be eviscerated and then reoriented away from life-saving scientific and medical research toward some destination not yet revealed. And while this effort has been racing forward, there has been almost no pushback from politicians—at least not yet.

One reason for this is that scientists are historically apolitical and, to be blunt, quite bad at the political game that dominates Washington, D.C. Scientists aren’t nearly as adept as others at advocating for themselves or their priorities to politicians who make funding decisions…

Trump, Musk and Kennedy don’t trust scientists or academia—and clearly don’t hear or recognize the immense value that the biomedical research enterprise brings to American progress.

NSF funding built and then supported the internet and led to nearly every modern computer and basic scientific advancement we recognize in the hard sciences. NIH medical and scientific research led directly to the creation of nearly all the life-saving drugs developed in the past quarter century that Americans rely on today.

The economic impact to states with large bioscience research centers would be enormous. Tennessee, for instance, would be devastated by the NIH cuts. Vanderbilt University Medical Center is one of the top research hospitals in America. It received nearly half a billion dollars in 2024 for medical research, the second most in the country. Its budget would be cut by more than 10 percent. Nearly 50,000 jobs and 4,000 businesses in Tennessee are dependent on the biosciences research enterprise in the state and would be severely impacted by the NIH cuts.

Other states, such as Missouri, Michigan, Pennsylvania, and North Carolina, would be similarly devastated by the cuts. Washington University in St. Louis received $717 million from NIH last year and would lose an estimated $108 million. The University of Michigan received $708 million and stands to see a cut of $119 million. Two Pennsylvania universities – the University of Pennsylvania and the University of Pittsburgh – received nearly $1.3 billion and could lose $244 million. All of those add up to massive job losses and devastating impacts to each state’s economies.

But Trump, Musk and Kennedy don’t trust the scientific and medical research enterprise. They don’t hear the entreaties by scientists who merely want to do great work that benefits the greater good. And they don’t listen to those calls of bewilderment from scientific and medical research leaders that are falling on deaf ears. This could be happening because scientists are particularly bad at politics.

But it also could be that Trump, Musk and Kennedy are willing to destroy the most successful biomedical research enterprise the world has ever known simply because it is a direct way to harm elite academic institutions that they believe harbor leaders and academics who are ideologically opposed to their aims and politics.

And that is a dangerous story that every American needs to hear and fully take to heart right now—before the Trump administration capriciously destroys a hundred years of scientific and medical progress in a matter of weeks or months.

Jeff Nesbit was the assistant secretary for public affairs at Health and Human Services (which includes NIH) in the Biden administration, and the director of legislative and public affairs at NSF during the Bush and Obama administrations.

After I put this article in the queue, I came across this article about John’s Hopkins University:

More than 2,000 positions related to global health are being cut from the Johns Hopkins University after the Baltimore institution saw $800 million in federal grants disappear, a spokesperson confirmed Thursday.

Hopkins’ medical school; the Bloomberg School of Public Health, including its Center for Communication Programs; and JHPIEGO, the university’s health initiative that focuses on global public health, will be affected by the cuts. USAID was the main funder for both JHPIEGO and CCP.

“This is a difficult day for our entire community. The termination of more than $800 million in USAID funding is now forcing us to wind down critical work here in Baltimore and internationally,” Hopkins’ spokesperson said in a statement.

The Trump administration, through advisor Elon Musk and his Department of Government Efficiency, is slashing federal spending across agencies in an effort to end wasteful spending. Such cuts have an outsized effect on Hopkins, which comes in first of all universities in federally funded research. By extension, those cuts affect Baltimore and Maryland, where Hopkins is the city and state’s largest largest private employer. Hopkins says it accounts for more than $15 billion in economic output in the state.

The funding cuts for research institutions are hurting universities in multiple states.

Who determines that basic research in science and medicine are unimportant?

It’s not customary for the President to speak at the Department of Justice, which seeks a measure of independence, but Trump is not a traditionalist. He spoke today at the DOJ, whined about how unfairly he had been treated (by clipping and hiding top secret documents and inspiring an insurrection to overturn the election), and railed against those who had prosecuted him. It was typical Trump: aggrieved, bitter, self-pitying, angry.

He said that his courtroom opponents were “scum,” the judges were “corrupt,” and the prosecutors “deranged.”

He said the people who did this to him are “bad people,” and they should be imprisoned.

Trump vowed to “remake the agency and retaliate against his enemies.”

He is unhinged, deranged, vindictive, and we are in deep trouble.