Archives for category: Democracy

This is an extraordinary video, showing ICE-DHS employees turning away a Catholic priest who wanted to hold communion for ICE detainees. These are people suffering a cruel fate. Why not allow them the comfort of their religion?

https://www.tiktok.com/t/ZP8AamTnq/

Consider that the Supreme Court has been using the freedom of religion guarantee of the First Amendment to tear down the “wall of separation” between church and state and to legalize discrimination against gays.

Why then is is legal or acceptable for ICE to refuse to allow religious freedom to detainees?

Despite Trump’s relentless demand to win the Nobel Peace Prize, he did not. He says he ended 6 or 8 wars in his few months in office. Just days ago, he brokered a ceasefire in Gaza.

But consider the criteria:

  1. He united the opposition; check.
  2. He resisted the militarization of his society. Fail.
  3. He has promoted democracy. Fail.

They say there’s always next year. But if you fail to meet the criteria, no way.

Bloomberg News reported:

Venezuelan opposition leader Maria Corina Machado was awarded the Nobel Peace Prize for 2025 for her efforts to promote democracy at a time when an increasing number of countries slide into authoritarianism.

She receives the prize worth 11 million Swedish kronor ($1.2 million) “for her tireless work promoting democratic rights for the people of Venezuela and for her struggle to achieve a just and peaceful transition from dictatorship to democracy,” the Oslo-based Norwegian Nobel Committee said in a statement Friday. 

Machado, 58, “has led the struggle for democracy in the face of ever-expanding authoritarianism in Venezuela,” the Committee said. She leads the Vente Venezuela opposition party and has worked to unite pro-democracy forces in the country.

In her life before politics, she studied engineering and finance and had a short career in business before establishing a foundation that helps street children in Caracas. 

Machado “meets all three criteria stated in Alfred Nobel’s will for the selection of a Peace Prize laureate,” the Committee said. “She has brought her country’s opposition together. She has never wavered in resisting the militarization of Venezuelan society. She has been steadfast in her support for a peaceful transition to democracy.”

María Corina Machado at a rally in Guanare, Venezuela, in 2024.Credit…Adriana Loureiro Fernandez for The New York Times

No contest!

What happens when government data are politicized? What happens when a President fires the professionals who report the data and replace them with his loyalists?

Jack Hassard, a retired professor of science education at Georgia State University, knows what happens. Hassard followed Trump’s behavior in his first term and wrote a book called The Trump Files.

The problem with Trump has accelerated now that he is surrounded by a well-organized cabal of far-right extremists who are turning him into a dictator.

Dear Jack,1

I was eight the last time the numbers were real.

Every Friday, my mother would check the Bureau of Labor Statistics dashboard. She did this the way some families checked the weather. She was quiet and anxious, with a hand on the mouse and a furrow in her brow. The numbers told her how many people had lost work that week. They showed how fast prices were rising. The data revealed whether the rent hikes were outpacing wages again. It was her way of listening for distant thunder. Today, nevertheless, the BLS dashboard is not updating information because of the Republican led government shutdown.

The dashboard went dark the spring Trump returned to power. At first we thought it was just another funding fight, like the ones that had knocked websites offline before. But weeks passed, and the updates never came back. My mother kept refreshing the page for months, like a ritual for a ghost.

By the end of that summer, more pages were vanishing. Climate dashboards froze mid-storm season. Food insecurity surveys were “postponed indefinitely.” Vaccine data disappeared without explanation. By winter, it was as if the country had decided to stop looking at itself in the mirror.

They called it austerity. They said it was about cutting “red tape” and “freeing the agencies from bloated bureaucracy.” But everyone could feel the chill. It wasn’t just numbers that were being cut. It was the nerves that told us where the pain was.


We didn’t realize it at the time. This was how the silence began. It began not with censorship in the usual sense but with a subtraction of knowledge.

When the data stopped, arguments stopped making sense. People clung to whatever numbers their preferred networks fed them, like castaways grabbing driftwood. One station would say unemployment was rising; another insisted we were in a “golden age.” Both cited “official sources,” but the sources were gone, hollowed out or replaced by Trump’s loyalists.

At school, the teachers tried to explain inflation, but the charts they used were months out of date. Some parents started printing memes as evidence. Others stopped trusting the schools entirely.

Looking back, it’s astonishing how quickly civic discourse disintegrated once the shared factual floor cracked. We had thought democracy died in coups or riots. Instead, it died in data voids—quiet gaps that widened into abysses.


My father used to call it “the silence before the storm.” Storms were his touchstone for everything. He said the scariest part wasn’t the wind or the rain. It was the moment the air went unnaturally still. You realized the warning systems had failed.

That silence descended over our public life. When pollution monitoring sites shut down, a chemical spill in Savannah went undetected for weeks. By the time the numbers surfaced through a university backchannel, children were already sick. When the food insecurity survey was cut, hunger surged invisibly. Relief programs couldn’t track where the need was worst.

And when climate data went dark, the storms didn’t stop. They just stopped being predictable. The year the NOAA dashboards froze was the year the Atlantic hurricanes changed course mid-season. Thousands died inland, where no one expected them.

The silence didn’t come from ignorance. It came from a deliberate decision to turn off the lights.


I know you study this era, Jack, so you know the official explanations: budget cuts, “efficiency reforms,” sovereignty rhetoric. But those were just alibis. Trump understood something that too many defenders of democracy underestimated: data is power. Whoever controls the ability to measure reality controls the terms of debate.

His war on data wasn’t chaotic—it was methodical. Fire the agency heads who produce inconvenient statistics. Defund the surveys that expose inequality. Gut the climate monitors that contradict your conspiracies. Let loyal media amplify your alternate “facts.” Over time, the shared reality collapses, and the strongman narrative becomes the only stable frame left.

Our reader Christine Langhoff discovered an excellent analysis of the “compact” that the Trump administration has offered to several universities. A “compact” usually refers to an equitable agreement between two parties. The Trump “compact” is a harsh threat: sign or die.

Christine writes:

Here’s UCLA Law professor Joseph Fishkin on the so-called compact the administration want universities to accept.

Any lawyer—really, any careful reader—who makes it through even the first paragraph of the document can see that this is incorrect. The “compact” is quite explicit: Universities that do not sign on to this thing thereby “elect[] to forego federal benefits.” What benefits? Well, that same first paragraph lists quite a few specific “benefits”: “(i) access to student loans, grant programs, and federal contracts; (ii) funding for research directly or indirectly; (iii) approval of student and other visas in connection with university matriculation and instruction; and (iv) preferential treatment under the tax code,” which means 501(c)(3) status. This compact is a “reward” in exactly the same sense that it is “rewarding” to purchase protection from the Mafia. The compact is an open, explicit threat.

It nonetheless does represent a tactical shift on the part of the Trump Administration. The Trump team’s goal has not changed. They want an unprecedented—and flagrantly unconstitutional—degree of government oversight and control over American universities. So far they are having some trouble obtaining it. Their initial strategy, to roll up the sector from the top, starting with Harvard, through bespoke negotiated dealmaking with individual schools, has turned out to be slower going—and I suspect, simply more labor-intensive—than I am guessing they expected. (I use the rollup metaphor to evoke how a monopolist takes over a sector by buying out one firm after another, gaining more leverage over holdouts as they go. So far it has not worked.) Meanwhile, federal district courts have dealt a series of significant blows to the government’s ability to, for example, arbitrarily withdraw federal scientific research grants. So the administration is pivoting to a new tactic, which seems to be to roll up the higher ed sector from what you might call the upper middle. Instead of starting at the very top with the high-stakes confrontation with Harvard and working their way down, the new tactical approach is to start with whichever prestigious schools seem likeliest—for various reasons—to be amenable to the government’s overtures. It is no accident that many of the schools May Mailman’s team first approached about this “compact” have interim presidents, who are inherently weak, sometimes because a prior president was successfully forced out through political agitation by the right.

https://balkin.blogspot.com/2025/10/the-art-of-replacing-law-with-deal.html

Greg Olear implores us not to allow Trump’s militarized violence against our fellow citizens to become normalized. Trump and Kristi Noem have organized a lawless army of thugs to terrorize us on the streets, in our workplaces, in our homes. This is not normal!

I’m excerpting his long article. Open the link and read it.

He writes:

I. #FTK, Origin Story:
The ICE Gestapo Invades Chicago

I first heard about the ICE Gestapo’s military-style raid on the five-story apartment building on Chicago’s South Shore at 9:21 am on October 2, the morning after it happened. A concerned Chicago resident was kind enough to send me an email, alerting me to this disturbing development. He wrote:

ICE Agents Rappel From Black Hawk Helicopters Into Chicago for Major Raid

Trump has officially started “using” our own cities as “training grounds for the US Military.”

Federal agents rappelled from a Black Hawk helicopter onto the rooftops of Chicago residential buildings, launching a sweeping immigration enforcement operation targeting suspected Tren de Aragua gang members, according to NewsNation.

The FBI confirmed on Tuesday morning that they were helping U.S. Border Patrol, under the direction of Attorney General Pam Bondi.

It was hardly a “surprise raid”. This was for show—for intimidation—for TERROR. A large helicopter makes a LOT of noise—and many people ran. But those who stayed, because they had no reason to fear authorities, were given the criminal treatment instead.

My first instinct was to not believe it. I mean, Black Hawk helicopters? Over Chicago? In the middle of the night? Surely this must be one of those “fake news” stories designed to “trigger” the libs—a prank originating from some troll farm in Minsk. It can’tbe authentic, I assured myself. No no no.

Even after I searched the headline he’d sent, and found the story in Newsweek, I remained skeptical; that magazine is not what it used to be. But the second part of the email contained a lot more detail—way too much to invent. I verified the story, which came from ABC7, the local news affiliate in Chicago:

“My building is shaking. So, I’m like, ‘What is that?’ Then I look out the window, it’s a Blackhawk helicopter,” witness Dr. Alii Muhammad told ABC7 News.

Building resident Alicia Brooks said, “As I got to my unit to stick my key in the door, I was grabbed by an officer. And, I said, ‘What’s going on? What’s going on?’ He never actually told me. He said I was being detained.”

Neighbors like Eboni Watson say they ducked for cover as they heard several flash bangs.

“They was terrified. The kids was crying. People was screaming. They looked very distraught. I was out there crying when I seen the little girl come around the corner, because they was bringing the kids down, too, had them zip tied to each other,” Watson said. “That’s all I kept asking. What is the morality? Where’s the human? One of them literally laughed. He was standing right here. He said, ‘f*** them kids.’”

I sat at my laptop, dumbfounded, as both my blood and my coffee went cold. I knew it was real, but couldn’t quite believe it was real. So many horrific things have happened since January 20th that I’ve lost count, but nothing so far has affected me quite like this. I mean, “Fuck them kids?”

My heart sunk, and I could feel tears welling up.

The coverage continued:

Watson said trucks and military-style vans were used to separate parents from their children. Other neighbors said agents destroyed property to get in the building.

Marlee Sanders said, “They had the Black people in one van, and the immigrants in another van.” Her boyfriend was taken in the raid. Officials have not released the number of arrests there were made, but witnesses estimate 30 to 40 people were taken.

ABC7 spoke to Pertissue Fisher, a woman who lives in the building. She said ICE agents took everyone in the building, including her, and asked questions later.

“They just treated us like we were nothing,” Fisher said.

Fisher said she came out to the hallway of her apartment complex on the corner of 75th and South Shore Drive in her nightgown around 10 p.m. Monday only to find armed ICE agents yelling “Police.”

“It was scary, because I had never had a gun in my face,” Fisher said. “They asked my name and my date of birth and asked me, did I have any warrants? And I told them, ‘No,’ I didn’t.”

Fisher said she was handcuffed before being released around 3 a.m., and she was told that if anyone had any kind of warrant out for them, even if it was unrelated to immigration, they would not be released.

Destruction was left behind inside the apartment complex, with doors blown off their hinges and holes left in the wall.

“They had a big, 15-inch chainsaw with round blade on it, cutting this fence down,” said witness Darrell Ballard. “We’re under siege. We’re being invaded by our own military.”

When I ran a Google search,1 I found that no one else seemed to have picked up the story. The big legacy-media outlets were yammering about God knows what, none of it remotely as important as this illegal operation. 

Make no mistake: The ICE Gestapo raid was nothing less than an act of state-sanctioned terror—a loud-and-clear announcement that democracy, as we knew it, was officially over.

And still—still—I didn’t want to believe it. 

But it really happened. Not only did it really happen, the Department of Homeland Security, which oversees ICE, didn’t even have the common decency to deny it. On the contrary, DHS produced a slick video clip bragging about it, making it seem cinematic, heroic, cool—like a video game come to life. Dog-killing fascist Kristi Noem, who tweeted out the abominable thing, was clearly proud of this. Her post was ominous:

“Chicago,” she wrote, “we’re here for you.”

Here are some screenshots of the raid, which I encourage you to look at carefully:

It was all true: the Black Hawk helicopters, the dudes in military gear rappelling down, the mass arrests, the doors being broken down, the zip-ties, the public humiliation. In the video, DHS shows the faces of the men the ICE agents arrested, which no doubt will help their defense attorneys (assuming they are granted access to defense attorneys—no longer a safe assumption with Stephen Miller in charge).

But the damage has already been done.

I mean, little children were among those herded out of the apartments. Some of those children had theirhands zip-tied, too—by grown men decked out in enough military gear to occupy Fallujah.

And when a woman—an American citizen, not in any way affiliated with a gang, guilty of nothing more than living in Chicago, a city Trump hates because Obama’s from there—called out the ICE agents on their egregious lack of humanity, she was given the dismissive three-word response:

Fuck them kids.


The Trump regime has crossed yet another Rubicon. Now, the government can break down the front door of your house, drag you out of bed, zip-tie your hands behind your back, herd you into a van, and leave you there for hours and hours, without cause, without Miranda rights, without charge.

This is not fear-mongering. This is not speculation about what the Trump regime might do. This is happening. This has already happened. Here, in America. Nine months into the Trump Redux, and right on schedule, the fascist baby has been born.

Reading about this expression of brutal state tyranny, I was reminded of a passage in Defying Hitler, the Sebastian Haffner memoir about 1933 Germany:

The internal process was repressive terror: cold, calculated, official orders, directed by the state and carried out under the full protection of the police and the armed forces. It did not take place in the excitement following a victorious battle or danger successfully overcome — nothing of the kind had happened. Nor was it an act of revenge for atrocities committed by the other side — there had been none. What happened was a nightmarish reversal of normal circumstances: robbers and murderers acting as the police force, enjoying the full panoply of state power, their victims treated as criminals, proscribed and condemned to death in advance.

Criminals acting as a police force, you say? Alicia Valdez-Rodriguez, the prolific author and former staff writer for the Boston Globe and the L.A. Timesreports that ICE is actively recruiting from the prison system:

What we are seeing in Chicago the past 24 hours is a mere prelude. The official numbers of agents is nothing compared to the prisoners private contractors are releasing to kidnap, disappear and kill their fellow Americans. This suggests the covered faces are less about protecting the contractors and more about hiding from the public that prisoners are being used for this. Armed and set loose upon their fellow denizens on our streets.

This has yet to be confirmed by other news sources—but are other news sources, all of them owned by MAGA oligarchs, even interested at this point?

Plus, I mean, does it seem implausible? It’s clear ICE is staffed by poorly-trained, undisciplined, out-of-shape dipshits who barely know how to use their weapons. These losers have to come from somewhere.

But back to 1933 Germany. Haffner continues:

An example that became public knowledge because of its scale occurred some months later in the Cöpenick area of Berlin, where a Social Democratic trade unionist defended himself, with the help of his sons, against an SA patrol that broke into his home at night to “arrest” him. In obvious self-defense he shot two SA men. As a result, he and his sons were overcome by a larger troop of SA men and hanged in a shed in the yard that same night. The next day, the SA patrols appeared in Cöpenick, in disciplined order, entered the homes of every known Social Democrat, and killed them on the spot. The exact number of deaths was never made public.

Reading about masked men breaking down doors in the middle of the night and terrorizing an entire apartment complex, the Nazi-executed Social Democratic trade unionist is what sprung to mind. 

Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist

This is the path we’re headed down—and it is paved with the skulls of the dead.


Fuck them kids.

It occurred to me that those three words perfectly sum up the priorities of Donald Trump and the soulless ghouls running his administration: RFK, Jr., Stephen Miller, Kristi Noem, Russ Vought, and so on. Indeed, FUCK THEM KIDS might as well be Trump’s 2028 campaign slogan.

Those three words will, I hope, be (figuratively) seared onto the forehead of every member of this MAGA Nazi administration, like Aldo Raine carving up swastikas in Inglorious Basterds.

#FTK.


II. Clinical #FTK:
Make Measles Great Again

Here is how the Cleveland Clinic defines herd immunity:

Herd immunity means that enough people in a group or area have achieved immunity (protection) against a virus or other infectious agent to make it very difficult for the infection to spread. Immunity happens in multiple ways: through natural infection, vaccination or passive transfer. Vaccination is the best way.

Every person who has immunity makes it harder for the infection to spread to other people. If you’re vaccinated, it’ll be harder for the virus to use you to infect other people or to mutate into a new variant. Higher numbers of immune people are needed to stop the spread if a virus is very infectious.

To achieve herd immunity, studies show, 95 percent of a given population must be vaccinated. But since Trump’s first term, vax rates have been declining.

“During the 2024-2025 school year, vaccination coverage among kindergartners in the U.S. decreased for all reported vaccines from the year before,” reads a report by the CDC, “ranging from 92.1% for diphtheria, tetanus, and acellular pertussis vaccine (DTaP) to 92.5% for measles, mumps, and rubella vaccine (MMR) and polio vaccine.”

Ninety-two seems like a high number—but it’s not high enough for herd immunity. In many communities, especially in rural areas and in red states, where MAGA disinformation is most effective, communities are no longer protected from the scourge of long-conquered childhood diseases.

And that was before Trump put the deranged, whale-beheading gourd husk known as RFK, Jr. in charge of the country’s public health policy.

Bobby is an antivaxxer. He’s already contributed to the 2019 measles outbreak in Samoa, where 83 people, most of them young children, died (in a country with a population of 200,000 people), when he traveled there and stoked antivax hysteria, with his prestigious Kennedy name and his noxious Kremlin talking points.

In a related story, Donald and Bobby have Made Measles Great Again. Per the CDC:

As of September 30, 2025, there have been a total of 1,544 confirmed measles cases reported in the United States. Among these, 1,523 measles cases were reported by 42 jurisdictions: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York City, New York State, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming. A total of 21 measles cases were reported among international visitors to the U.S.

There have been 42 outbreaks reported in 2025, and 86% of confirmed cases (1,333 of 1,544) are outbreak-associated. For comparison, 16 outbreaks were reported during 2024 and 69% of cases (198 of 285) were outbreak-associated.

These outbreaks will only get worse, as the federal government continues to adopt antivax positions. South Carolina is only the latest state to have a measles outbreak.

This is a lot of data, I realize. A lot of statistics and numbers. But all you really need to know is this: In 2000, the World Health Organization declared that measles was eliminated in the United States—because of the success of the vaccines. Twenty-five years later, little children are once again dying of it.

Fuck them kids.


Curtis Yarvin is the guru for a number of major political figures on the right, including Vice President Vance and tech billionaire Peter Thiel. He is hostile to democracy and holds racist views. Yarvin’s anti-democratic views demonstrate how extremist key members of the Republican Party have become.

Yale is demonstrating its commitment to free speech.

The Yale Daily News reported:

A far-right political blogger who has espoused anti-democratic views is set to debate at Yale on Tuesday and Wednesday.

Curtis Yarvin — who has sparked controversy for advocating for a form of American monarchy and for his writings on race, slavery and apartheid — is set to participate in two debates this week, one hosted by the Yale Political Union and the other by the Yale Federalist Society. 

“A smart critic like Yarvin can force people to sharpen the case for their views, especially when those views have gotten sloppy over time,” Garett Jones, a professor at George Mason University who will debate Yarvin Wednesday on “for-profit governance” at the Federalist Society’s event, wrote to the News. “And the case for democracy has certainly gotten sloppy over time. Democracy’s defenders, which I count myself among, need to do a better job.” 

At the YPU debate Tuesday evening, Yarvin will argue for the resolution “end the democratic experiment” against Jed Rubenfeld, a professor at Yale Law School. 

Jones wrote that he believes the debate will be a helpful way to draw out distinctions between his position, which he describes as “10% less democracy” in reference to the title of his published book, and Yarvin’s, which he calls “100% less democracy.”

Neither Rubenfeld nor YPU President Brennan Columbia-Walsh ’26 responded to the News’ request for comment. 

Both debate topics land on familiar turf for Yarvin, who has consistently expressed anti-democratic beliefs. Yarvin, who is also known by his pen name Mencius Moldbug, has written about his distrust of the federal bureaucracy and his desire to institute a program called RAGE — retire all government employees

Ilani Nurick LAW ’27 and Elizabeth Bailey LAW ’27, co-presidents of the Yale Law Democrats, criticized the Yale Federalist Society for sponsoring the event. Yarvin could not be reached for comment.

“We all believe strongly in free speech, but what is the Federalist Society hoping to learn from someone who thinks white people are genetically predisposed to be smarter than other races?” Nurick and Bailey wrote in a joint statement to the News. “Yale Law students are smart enough to know that for-profit governance is not the solution to the problems facing our country without hearing from Curtis Yarvin on the subject.”

Yarvin asserts that American democracy is a failed experiment and that America should instead run like a company with a chief executive officer, which The New York Times characterized as “his friendlier term for a dictator.” 

In Yarvin’s view, the U.S. government should be run by a CEO-esque figure. In his 2008 articletitled “An Open Letter to Open-Minded Progressives,” Yarvin proposed the “liquidation of democracy, the Constitution and the rule of law, and the transfer of absolute power” to that CEO-esque figure. 

Yarvin’s 2008 article furthered that this process would end the press, dismantle universities and transform the nation’s capital into a “heavily armed” version of a “corporation.” 

Additionally, Yarvin has sought to downplay the outcome of the American Civil War. The Times noted that he has previously written, “It is very difficult to argue that the War of Succession made anyone’s life more pleasant, including that of freed slaves.”

https://www.bostonglobe.com/2025/10/04/business/white-house-university-compact-mit/

The new conditions for federal funding the Trump administration offered to MIT put the school in a no-win situation, people on the Cambridge campus and throughout academia said Friday: Agree to the federal government’s terms and surrender some academic freedom, or refuse and risk further punishment.

The White House’s proposed “Compact for Academic Excellence in Higher Education” — sent to MIT and eight other top-tier universitiesthis week — ties access to federal money to a string of conditions that, if agreed to, would effectuate the most substantial changes MIT has seen to date and fundamentally transform an economic powerhouse of Greater Boston. 

The 10-point document asks the list of schools — which also includes Brown and Dartmouth — to cap international student enrollment, freeze domestic tuition rates for five years, and commit to strict definitions of gender. Some of those requests, such as reducing tuition and the number of international students, are popular with many Americans. But others, including one to limit the speech of university employees, strike at the heart of freedom and independence that universities have long prized.

While MIT declined to comment, on campus and in academia, there doesn’t appear to be much inclination to make a deal with the White House.

The offer amounts to “a loyalty oath to the federal government,” said Catherine D’Ignazio, an MIT professor of urban studies and planning. 

MIT and other schools face new set of demands from White House.

“They’re asking us to sacrifice science. They’re asking us to sacrifice international students. They’re asking us to sacrifice our trans students. They’re asking us to sacrifice our whole idea of shared governance,” D’Ignazio said. “No amount of money is worth that great long list.”

The mandate also says that universities should transform or abolish “institutional units that purposefully punish, belittle, and even spark violence against conservative ideas.” That’s troubling, said Tyler Coward lead counsel for government affairs at the Foundation for Individual Rights and Expression, because it conflates allowing speech with condoning violence.

“This mandate basically forces these institutions to remain silent in order to secure some government benefit,” Coward said. “I think that is a problem, a First Amendment problem.”

MIT is free to decline, the administration wrote in the compact, but doing so would mean the institution “elects to forgo federal benefits” that power much of the school’s vast research operations, spurring innovations and paychecks that ripple across Greater Boston and around the globe.

MIT is the birthplace for countless startup companies, forms the backbone of Kendall Square, and serves as a first landing place for many students — roughly 30 percent of whom come from abroad — who stay and build careers in Massachusetts. 

MIT’s endowment is heavily invested in Kendall Square real estate. Here’s why that could be a problem.

Federal money plays a key role in seeding all that. Last year, MIT collected $648 million in government funding for sponsored activities, including research, which federal agenciescould simply choose to award elsewhere.

The provisions in the compact, said Sandy Baum, a higher education finance expert with the think tank The Urban Institute, amount to “dramatic requests” of MIT from a dollars-and-cents perspective. 

MIT is already bracing for a $300 million reduction in its central budget from the newfound 8 percent tax on its endowment and potential losses of federal science funding that powers much of its massive research arm, university administrators said in a September staff forum. (A recording of the meeting was reviewed by the Globe.) 

In the spring, MIT saved roughly $100 million by freezing hiring and instituting a 5 percent cut to department budgets. It plans to close the remaining $200 million gap by terminating some real estate leases and seeking outside private funding for some academic priorities, including climate change, life sciences, and artificial intelligence, according to details shared at the staff forum. Administrators said that they may also withhold merit raises for employees next year. 

“We do need to treat the $300 million amount as a permanent burden on the central budget that requires a permanent budgetary solution,” Glen Shor, MIT’s executive vice president and treasurer said at the September meeting. “Even if power at some point changes hands in Washington, we can’t count on these policies being reversed.”

Meanwhile, signing onto the compact could impact the number of international students at MIT, who make up around 10 percent of its undergraduate population — less than the limit set in the agreement. (Around 40 percent of MIT graduate students are from abroad.) Many international students pay full price to attend MIT, which can cost nearly $90,000 between tuition, housing, and other expenses. MIT would also pledge to cover the cost of attendance for all students studying hard sciences, such as physics, chemistry, and biology. 

“If [MIT] had to freeze tuition and limit [the] number of international students, that would be a huge hit,” said Baum, the university finance expert. 

Multiple MIT student organizations signed a letter Friday asking MIT to “firmly refuse” to sign the document, claiming that “accepting such a compact would effectively destroy the institutional culture of MIT as we know it.”

Nadia Zaragova, a material sciences PhD student and vice president of the graduate student union, said it would give the federal government “undue oversight over what we do here at the university, including our classrooms, what we study, what we research.”

And Governor Maura Healey, who has proposed $400 million in state funding to help make up for lost federal funds to Massachusetts universities, urged MIT to stand strong, describing the White House offer as “yet another attempt by President Trump to silence speech.”

MIT supporters note the university has already taken up some measures pushed by the Trump administration, including winding down its Institute Community and Equity Office and taking disciplinary actions against students — including a commencement speaker — who participate in pro-Palestinian protests. 

Indeed, MIT was chosen among the schools who received the compact because they are seen as “good actors,” according to May Mailman, senior adviser for special projects at the White House.

“They have a president who is a reformer or a board that has really indicated they are committed to a higher-quality education,” she said to The Wall Street Journal. 

But Ian Hutchinson, an MIT emeritus professor and co-president of its Council of Academic Freedom, said that even those in favor of those moves have sour feelings about the new offer from the administration. 

“Many of us on the council think that the modern academy needs to reform and [is] beginning to do so and that the compact has the risk of alienating a large fraction of the faculty,” he said. 

Others fear that some professors could leave entirely, should the school sign onto the compact. 

A better approach, Hutchinson added, would be if “the government makes clear what it is interested in funding in the way of research and what it is not interested in funding.”

The compact also frames preserving “single-sex spaces” such as bathrooms and locker rooms as necessary for “women’s equality” and stipulates institutions must commit to defining gender “according to reproductive function and biological processes.”

Mila Halgren, an MIT postdoctoral associate, said including such language is an affront to what the values of American higher education should be. 

“In a personal capacity, every moment MIT even considers this compact is a betrayal of every marginalized group on campus,” she said. “That MIT did not immediately reject a proposal which defines trans people out of existence is shameful.”

In the post at 9 a.m. today, two scholars of racism and equity explained that Trump’s scrubbing of museums, national parks, and other federal facilities is an attempt to capture control of the culture and erase the place of Blacks, women, and anyone else who is not a straight white male.

But, as scholar Julian Vasquez Heilig writes here, Trump and his commissariat cannot control the popular culture. In time, we can hope, his mean-spirited efforts to revise history will become a bad joke, a cruel joke, a stupid joke. He and all those who carry out his orders will become a public laughing stock.

Vasquez Heilig writes on his blog Cloaking Inequity:

The Super Bowl has always been more than football. It is a ritual, a spectacle, a national performance. It’s where America tells the world who it thinks it is, and who it wants to be. Which is why the announcement that Bad Bunny will host the halftime show is far more significant than a musical lineup change. It’s a cultural earthquake.

I remember the first time I heard Bad Bunny. It was December 6, 2019, at La Concha Hotel in San Juan. In the downstairs lounge, the beat of reggaetón was shaking the walls, and I pulled out Shazam to figure out what it was. The song was Vete. The room was electric, filled with Puerto Ricans singing every word in Spanish, unapologetically themselves. That night, it hit me: Bad Bunny was not just making music in San Juan, he was celebrating culture. He wasn’t crossing over into the mainstream by adapting; he was dragging the mainstream toward him. He refused to translate, refused to dilute, and now he is everywhere—on playlists, on charts, SNL, in crowded places from San Juan to New York to Madrid.

That’s why his Super Bowl moment matters so much. It is not just a performance, it is the culmination of a global movement that began in places like that basement lounge in Puerto Rico. What felt local then is now universal. Bad Bunny’s rise shows how culture flows upward, from the margins to the center, from overlooked communities to the biggest stage in the world. For millions of us, this is affirmation. For the right wing, it is destabilization. Because when the halftime show belongs to Bad Bunny, it proves that America is no longer just what they imagine it to be. It is bigger, louder, and more diverse than great again nostalgia can contain.

Jay-Z, Kendrick Lamar, and the New Halftime Era

The NFL’s halftime choices haven’t shifted by accident. When the league came under fire for its treatment of Colin Kaepernick and broader criticisms about racial injustice, it needed credibility. Enter Jay-Z and Roc Nation. The NFL tapped him to advise and help curate halftime shows.

The results have been undeniable. Kendrick Lamar’s halftime performance last year was a watershed moment—unapologetically Black, politically charged, and culturally defining. That performance sparked widespread discussion, and even a blog post I wrote about it entitled “TV Off”: What Kendrick Lamar Was Really Saying at the Super Bowl drew more than 100,000 readers in just a few days. Clearly, the hunger to talk about representation and ownership of the halftime stage is real.

Now with Bad Bunny taking the baton, the NFL is making another cultural statement, whether it fully realizes it or not (I think it does). The league’s biggest platform is no longer reserved for the safe, predictable acts of yesterday. It’s becoming a stage where hip hop, reggaeton, and the voices of communities once marginalized are front and center.

Bad Bunny and the Right’s Panic

For decades, the halftime show was dominated by choices that reinforced a narrow image of America: classic rock icons, country stars, or pop acts who wouldn’t ruffle feathers but had wardrobe malfunctions. Bad Bunny shatters that mold. His performance won’t be a side act, it is the show. Spanish won’t be a novelty; it will be central.

This is exactly why the right wing panics. To them, football Sundays and Super Bowls have long been “their” cultural territory. They’ve wrapped the game in patriotic rituals, military flyovers, and moments of silence for conservative heroes. When someone like Bad Bunny steps into the spotlight, it disrupts their monopoly. It forces a new definition of America—one that is multilingual, multicultural, and undeniably Latino. That’s what makes his halftime role so radical: after focusing on the Black experience with Kendrick, this year signals that Latino identity is no longer peripheral. It’s woven into the fabric of America’s biggest stage.

Why ICE Wants to Loom Over the Moment

It might sound absurd that ICE wants to connect itself to the Super Bowl halftime show, but immigration enforcement has always thrived in the shadows of visibility. When Latino joy and success are celebrated so publicly, ICE apparently feels the need to remind America of its terrorizing power.

Bad Bunny performing at the Super Bowl is a triumph of belonging. But ICE’s assaults, raids, arrests, kangaroo courts, and deportations are constant reminders that belonging is conditional on politics. While millions watch a Puerto Rican superstar, ICE agents are throwing mothers and journalists to the ground, spraying pepper liquid into the eyes of Americans who dare to ask questions, arresting elected politicians at the behest of Washington politicians after turning off their body cameras, and authorized by the Supreme Court to detain people simply for looking Latino and poor.

The contradiction is sharp: on the world’s stage, Latino identity is being widely celebrated; on America’s streets, it’s criminalized. ICE doesn’t need to show up at the stadium—it already shows up in our daily life. Its existence ensures that even at moments of cultural triumph, there’s a purposeful shadow of fear and terroristic threats.

Danica Patrick’s Tone-Deaf Criticism

And then, inevitably, a silly critic emerges from the sidelines. This time it’s Danica Patrick, who dismissed Bad Bunny’s hosting role. Her comments were more than unhelpful, they were stupid. 

Patrick should know better. She carved her own career by getting along in a male-dominated sport, where every step forward was a battle for representation. She knows the symbolic weight of breaking barriers. For her to turn around and mock or diminish Bad Bunny’s presence is hypocritical at best, willfully ignorant at worst.

Bad Bunny isn’t there to tick a diversity box, he’s there because he is one of the most influential artists alive— maybe THE most. The incredible success of his shows that he did for his most recent album this past summer ONLY in Puerto Rico is proof that the center of American culture is shifting. Criticizing that isn’t just a matter of taste. It’s a refusal to accept reality.

The Lions, Charlie Kirk, and Who Gets Tribute

The battle over cultural ownership in America doesn’t stop at the Super Bowl. It plays out every Sunday on the NFL field. When conservative commentator Charlie Kirk was assassinated, the league encouraged teams to hold moments of silence in his honor. Most complied. But the Detroit Lions, along with a few other teams, did not.

That decision matters. It was a quiet but deliberate act of boundary-setting, a refusal to let every NFL broadcast become a political ritual sanctifying right-wing political ideology. By declining the tribute, the Lions reminded us that not every form of patriotism must come prepackaged with conservative allegiance. It wasn’t loud or defiant. It was subtle and deeply symbolic. Sometimes resistance isn’t what you do, it’s what you decline to perform and participate.

The Lions’ restraint connects to the same cultural realignment symbolized by Bad Bunny’s Super Bowl performance. Both moments reject the idea that American culture belongs to a single tribe. They push back against the notion that sports, music, or patriotism must orbit one political pole. They insist, instead, that culture belongs to everyone, not just the loudest or the angriest voices claiming to defend it.

The Double Standard of Protest

Of course, this tension between culture, power, and dissent has long been visible in the NFL. When Colin Kaepernick knelt during the national anthem to protest police brutality, he was branded a traitor by many of the same voices now demanding “respect” for Charlie Kirk. His silent, dignified act of conscience was recast as an attack on America itself.

The outrage was never really about the flag. It was about control. It was about who is allowed to define what counts as “patriotic.” Kaepernick’s kneeling was an act of moral courage, but it exposed how fragile America’s cultural gatekeepers truly are when confronted with truth. They could not tolerate a protest that revealed their own comfort with injustice and brutality.

Meanwhile, state violence continues daily without the same moral outrage from the right-wing. ICE officers violently throw mothers and journalists to the ground without cause. They pepper-spray citizens in their eyeballs for daring to ask questions in a conversation. They arrest and detain American citizens in raids not for crimes but for looking poor, brown, or foreign. These acts have not provoked right-wing primetime outrage or public boycotts. Their hypocrisy is staggering.

A man kneeling quietly for justice was vilified. Agents brutalizing families are ignored. The problem has never been the method of protest, it has always been their morality. Silence in the face of injustice is acceptable; silence against injustice is not. The Lions’ quiet refusal and Kaepernick’s quiet protest share something profound: both disrupted the script of cultural obedience. Both reminded us that resistance isn’t always loud. Sometimes it’s the refusal to play along.

The Supreme Court’s Enabling Role

And looming behind all of this is the judiciary. Recent Supreme Court rulings have expanded law enforcement’s power, narrowing protections under the Fourth Amendment and giving politicians more leeway to persecute immigrants using federal data. Justice Brett Kavanaugh has been the lead in the right-wing judicial majorities that have handed law enforcement broad authority to stop, question, and detain anyone with minimal cause. Its new rulings have created the legal cover that now makes racial profiling essentially legal. 

Racial profiling has happen illegally before and the new legal result empowered by the Supreme Court is the same: citizens living under suspicion, families living in fear, communities targeted not for what they’ve done but for how they look. The Supreme Court has enabled ICE brutality in the same way NFL owners enabled the blackballing of dissent, by creating structures that justify exclusion and violence while insisting neutrality.

The Bigger Picture: Who Owns the Stage?

So what do Bad Bunny, Kendrick Lamar, Jay-Z, Danica Patrick, ICE, the Lions, Charlie Kirk, and Brett Kavanaugh all have in common? They are all part of the “fight, fight, fight” (see new Trump $1 coin) over who gets to define American culture.

The right wing has long claimed the NFL as its territory: its rituals, its tributes, its symbols of patriotism. But culture evolves. It cannot be contained. From Detroit to San Juan to Los Angeles, new voices are shaping the narrative. Bad Bunny’s halftime show, Kendrick’s explosive performance, and even the Lions’ silent refusal all tell the same story: football does not belong exclusively to one political ideology. Neither does America.

The real question is whether we are willing to see that America’s identity is bigger than its old rituals. Are we willing to admit that inclusion is not a threat but a fact? Because culture doesn’t wait for permission. It claims the stage. And this year, that stage will belong to Bad Bunny.


Julian Vasquez Heilig is a professor, writer, and a legit lifelong Detroit Lions fan since 1981. He attended the NFC Championship in San Jose two years ago to support his Cardiac Cats and last year’s playoff loss to the Washington Commanders at Ford Field. He was also at the official Lions partners party during the NFL Draft in Detroit, where he met Robert Porcher and Jason Hanson. Over the years he’s spotted Billy Sims in Times Square, endured the heartbreak of the Lions’ 0–16 season, and treasures his personally autographed Barry Sanders helmet. Beyond education and equity, Julian dabbles in writing about sports, culture, and society.

Two scholars–Kimberlé Crenshaw and Jason Stanley–explain why Trump is censoring exhibits at the Smithsonian. He has also imposed censorship of signage and exhibits at other federal sites, including national parks. He has enlisted the U.S. Department of Educatuon to organize rightwing groups to create a “patriotic” civics course.

  • Kimberlé Crenshaw is an American civil rights advocate and a scholar of critical race theory. She is a professor at the UCLA School of Law and Columbia Law School, where she specializes in race and gender issues
  • Jason Stanley is the Bissell-Heyd Chair in American Studies in the Munk School of Global Affairs & Public Policy at the University of Toronto and the author of Erasing History: How Fascists Rewrite the Past to Control the Future

Trump and his far-right cabal are l trying to revise history and memory. Unless he abolishes or rigs future elections, all this tinhorn fascist censorship will be swept away by his successors. He will rightly be judged, when that day comes, as the closest thing this country has ever seen to having a dictator. He will be portrayed in the Smithsonian and the textbooks as a buffoon and a tyrant.

This article appeared in The Guardian. Please open the link to read the entire article.

Crenshaw and Stanley write:

In a letter sent to Smithsonian secretary, Lonnie G Bunch III, on 12 August, the Trump administration announced its plan to replace all Smithsonian exhibits deemed as “divisive” or “ideological” with descriptions deemed as “historical” and “constructive”. On 21 August, just nine days later, the White House published a list of said offending fixtures – the majority of which include exhibits, programming and artwork that highlight the Black, Latino and LGBTQ+ perspectives on the American project. Included in his bill of particulars was an exhibit that rightly depicts Benjamin Franklin as an enslaver, an art installation that acknowledges race as a social construct and a display that highlights racist voter suppression measures, among others.

The assault on the Smithsonian comes wrapped, as it were, as part of a broader attack on democracy, scenes of which we see playing out every day. The federal occupation of Washington DC, the crackdown on free speech on campus, the targeting of Trump’s political opponents, the gerrymandering of democracy – these are interwoven elements of the same structural assault. So with many fires burning across the nation, concerned citizens who are answering the call to fight the destruction of democracy may regard his attack on history and memory as a mere skirmish, a distraction from the herculean struggle against fascism unfolding in the US. But this is a mistake. Trump’s attack on American museums, education and memory, along with his weaponization of racialized resentment to package his authoritarian sympathies as mere patriotism, is a critical dimension of his fascist aims. The fight for democracy cannot avoid it, nor its racial conditions of possibility.

Fascism always has a central cultural component, because it relies on the construction of a mythic past. The mythic past is central to fascism because it enables and empowers a sense of grievance by a dominant racial or ethnic group whose consent is crucial to the sustainability of the project. In Maga world, the mythic past was pure, innocent and unsullied by women or Black leaders. In this kind of politics, the nation was once great, a byproduct of the great achievements of the men in the dominant racial group. In short, the assault on the Smithsonian and, more broadly, against truthful history and critical reflection is part of the broader fascist attack on democracy.

From this vantage point, racial equality is a threat to the story of the nation’s greatness because only the men of the dominant group can be great. To represent the nation’s founding figures as flawed, as any accurate history would do, is perceived, in this politics, as a kind of treason.

The success of the fascist dismantling of democracy is predicated on the widespread systematic failure to see the larger picture. The anti-woke assault that is a key pillar of Trumpism is part of that failure, partly due to the racial blinders and enduring ambivalence of too many in positions of leadership in the media and elsewhere. Those who sign on to the attack on “wokeness” but regard themselves as opponents of the other elements of the fascist assault are under the mistaken assumption that these projects can be disaggregated. In fact, the dismantling of democracy and of racial justice are symbiotically entangled. To support one is to give cover for the others.

It is no coincidence that this ‘proper’ ideology Trump exposes is constitutive of a more well-known strand of fascism – nazism

It is clear that the Trump administration understands this relationship and fully weaponizes racist appeals as a foundational piece of its fascist agenda. And if this was once the quiet part, it is now pronounced out loud in official government documents. In an executive order issued on 27 March 2025 titled “Restoring Truth and Sanity to American History”, Trump reveals that his mandate to ban “improper ideologies” targets core commitments repudiating a scientific racism that historically naturalized racial hierarchy thereby neutralizing resistance. According to Trump, the problem with the Smithsonian American Art Museum’s exhibit The Shape of Power: Stories of Race and American Sculpture was that it promoted the idea that “race is a human invention”.

The understanding that race is a social construct as opposed to a biological fact is perhaps the most fundamental advance in repudiating enslavement, genocide and segregation. Rejecting the idea that racial inequality is natural or pre-ordained – a claim that grounded enslavement and dispossession in America – forms the cornerstone of the modern commitment to a fully inclusive democracy. Trump’s declaration that this cornerstone is “improper” is an effort to turn the clock back, upending the entire American postwar project. It is no coincidence that this “proper” ideology Trump exposes is constitutive of a more well-known strand of fascism – nazism. How else can we understand why Maya Angelou was purged from the Naval Academy library while Adolf Hitler remains?

The fight against fascism in the US must be as robust in its embrace of racial equality as Trump’s embrace of outdated ideas about race and racism. The defense of memory, of truthful history, of telling the whole American story rather than ascribing agency in history to the deeds of “great men” is vital to the American democratic project. A pro-democratic education fosters the agency of its citizens by teaching about social movements that overturned entrenched hierarchies which blocked democratic equality and imposed racial tyranny. The story of how ordinary Americans lived and struggled and remade America is essential knowledge in developing and sustaining a multiracial democracy. The Smithsonian has been a vital institution in making this knowledge accessible to the masses. The National Museum of the American Latino and the National Museum of the American Indian, for example, provide artifacts and perspectives about the nation’s westward expansion that challenge the myth of unoccupied territory and manifest destiny. The National Museum of African American History and Culture brings forward the global scale of enslavement as well as its infusion across national institutions, culture and politics.

Someday, somehow, there will be another President of the United States, and his name won’t be Trump. That future President might well be a Democrat. That President might be in a position to exercise unchecked power, thanks to the acquiescence of the current Congress and Supreme Court, which are allowing Trump to exercise the powers of a dictator. The second and third branches of our government have willingly wiped out the separation of powers and ceded their authority to the President.

Congress has voted to give its power of the purse to King Donald. The Supreme Court (the Supine Court) has stood aside and approved of whatever the King wants, regardless of precedent. Justice Thomas said recently that precedent was irrelevant; he is no longer an originalist.

Now comes what might be considered the most important question. May the President send in troops–either the state’s National Guard, the National Guard of other states, or even the regular military–to cities that he believes need to be suppressed?

A Trump-appointed federal judge ruled that he could not. Justice Karin Immergut, appointed by Trump, ruled that Trump could not send troops to Portland, because it is not “war-ravaged,” as he claimed, or in a state of rebellion. In other words, you can’t just make sh-t up to do whatever you want, even if you are the President.

Constitutional lawyer Steve Vladeck, a scholar at the Georgetown University Law Center, noted that Trump’s advisors are claiming that the President doesn’t need approval of the courts before using the troops on American soil. He explains here why the President can’t ignore the judiciary.

Welcome back to “One First,” an (increasingly frequent) newsletter that aims to make the U.S. Supreme Court more accessible to all of us. If you’re not already a subscriber, I hope you’ll consider becoming one (and, if you already are, I hope you’ll consider upgrading to a paid subscription if your circumstances permit):

I wanted to put out a quick issue this morning in light of Judge Karin Immergut’s remarkable ruling yesterday, granting a temporary restraining order against President Trump’s federalization of members of the Oregon National Guard to quell the “violence” in “war-ravaged Portland.” That ruling has prompted a slew of claims this morning from the President’s advisers and outside supporters that federal courts, in general, lack the power to halt domestic deployments of the military.

Before this claim makes it too far, it seems worth helping to educate folks about a key early precedent that, in my view, cuts entirely in the other direction—and that provides powerful evidence, to those who care about such things, that the Founding-era understanding not only tolerated a robust judicial role in such cases, but, for a time, actually required one. That’s not to say Judge Immergut’s specific analysis in this case is correct (although I’m sympathetic); it’s to say that there is nothing categorically inappropriate about federal courts reviewing—and, where necessary, halting—domestic uses of the military while they are ongoing. Indeed, it would be striking if it were otherwise.

***

The modern-day Insurrection Act traces its lineage all the way back to a statute Congress enacted on May 2, 1792—which has often been referred to as the Calling Forth Act or First Militia Act. That statute was designed to carry into effect the Constitution’s grant of power to Congress, in Article I, Section 8, Clause 15, “[t]o provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.” 

The idea was that Congress would identify the circumstances in which military power could be used domestically—and would thence delegate that power to the President. As Justice (Robert) Jackson would remind us in his concurring opinion in Youngstown, the Clause’s “limitation on the command power, written at a time when the militia rather than a standing army was contemplated as the military weapon of the Republic, underscores the Constitution’s policy that Congress, not the Executive, should control utilization of the war power as an instrument of domestic policy.”

But how, exactly, should that delegation work? This question was the subject of a rich debate in the Second Congress—one that culminated with the 1792 statute. I’ve summarized that debate elsewhere; for present purposes, the key point is that Congress’s principal concern was not with the last two circumstances in which it was to delegate power to the President (“to suppress Insurrections and repel Invasions”), but with the first circumstance (“to execute the Laws of the Union”). And the way Congress addressed its concerns was to delegate the authority to use the military, but with meaningful procedural checks. 

Here’s the full text of section 2 of the act, image first; block quote second, with the key provisions highlighted:

[W]henever the laws of the United States shall be opposed, or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

In other words, unlike section 1 (which dealt with insurrections and invasions), section 2 imposed two procedural requirements on domestic use of the military to carry out the laws of the union: a district judge or Supreme Court justice had to make the requisite factual findings before the President could do anything;¹ and, if out-of-state militia were used, there was a baked-in sunset.

Even though the Congress that enacted the 1792 act was full of folks who were either at the Constitutional Convention (and helped to draft that document) or who were central in the ratification debates, my research found no evidence that members made constitutional objections to the judicial review that section 2 required. And President Washington, in putting down the Whiskey Rebellion two years later, followed the statute’s mandates to the letter—obtaining the requisite judicial determination from Supreme Court Justice James Wilson (one of the six people to sign both the Declaration of Independence and the Constitution) before he sent troops to Western Pennsylvania to restore order.

The 1792 act was written as a temporary experiment. Congress decided to delegate comparable authority on a permanent basis in 1795—and, alas, removed the ex ante judicial review requirement. But there was no suggestion at the time, and I’m unaware of any since, that the provision was eliminated for constitutional reasons—as opposed to Congress’s broader (if, alas, myopic) view that the checks weren’t needed in light of how responsibly President Washington had behaved during the Whiskey Rebellion.

Thus, although there are later examples of courts issuing injunctions against domestic uses of the military (Youngstown itself stands out as a fairly prominent example), the relevant point for present purposes is that there was no Founding-era aversion to a robust judicial role in these cases. The first statute Congress ever enacted on the subject required such a role, and there was no contemporaneous suggestion that the Constitution forbade it.

I am, as regular readers of this newsletter likely know, no great fan of “originalism” as a conclusive methodological approach to constitutional interpretation. Thus, the way that I tend to think about these things, the existence of the judicial review provision in the Calling Forth Act of 1792 is useful evidence of how the Constitution was understood at the time, but nothing more. Rather, the argument for judicial review being available to halt, where necessary, unlawful domestic uses of the military rests on a lot more, in my view, than what some folks believed more than 230 years ago.

But for those who ascribe to the view that we are, today, bound by how the Constitution was understood then, I do not see how one can reconcile the 1792 precedent with any claim that prospective judicial review is categorically precluded when it comes to domestic use of the military. And given current and recent events, such review, if anything, seems more important than ever—whatever its outcome.