Lawsuits matter — even when they might not "win." Also: Explaining SCOTUS's Friday evening ruling about the Office of Special Counsel. And: Other SCOTUS decisions.
I cannot agree with you enough in this. Right now, our main fight is in the courts, since Democrats don't have much power in Congress. In the courts, and in the streets, and in the media.
But boy, I have so many alerts coming in for Trump court cases that I'm buried. As you are.
And we have not failed. The judges, all, followed the law. After four years of lawless behavior in Texas courts and the Fifth, it is so refreshing to see the law being followed. Not as good as what some of the judges have had to say in the courts...but it helps us to realize that, for the most part, our judiciary is good.
I appreciate your breakdown here, as well as other commentary you have been providing about our current situation. In the USAID case, I want to note that Marocco’s words have mostly been just that. Despite his declarations, many USAID employees have still not received the protections he assured the judge were in place. While I’m glad those things are on record, I worry that this is likely to be a pattern for the administration: say what you need to say to win, because no one is going to bother following up or enforcing your actions.
Thanks for your continued work in breaking down a lot of these actions and judgments. I take some heart in that the administration is still taking taking others to court as they get taken to court themselves. There is, in that recognition of the power of the courts, a feeling of (tentative) relief that our beautiful experiment of a country has not completely dissolved into right-wing fascism. The Trump administration continues to push boundaries, and I'm glad that folks are pushing back where, when, and how they can.
If dragging out litigation wasn't a useful tool of harassment, then every...single...fucking...thing the Biden administration ever did wouldn't have been stopped in its tracks by litigation. And if Trader Joe's didn't feel threatened by its workers' union, then Trader Joe's United wouldn't be ensnared in a modern equivalent of Jarndyce v. Jarndyce. Now that we're living in Bizarro World, we have to use their playbook against them.
Now that the Shit has Officially Hit the Fan, they've got more guns and money...but we have more lawyers.
Although as the plaintiffs demonstrated in the USAID case mentioned, there's no indication that what the government said is happening is actually happening. Even after the Marocco statement, plaintiffs continued to demonstrate that USAID field staff have received no payment, utilities and housing are going unpaid, systems access has not been restored, and guidance/communication from DC is not happening. Hard to imagine this situation improves following yesterday's ruling. If we zoom back out to the 35k foot level on USAID, despite the variety of cases, it remains the case that no one's employment was restored, no grants or contracts have resumed despite court orders, and no payments (even for work completed going back to last November) have been processed. That's extremely concerning for the rule of law.
As a British lawyer from across the pond I thank you for making your sometimes Byzantine procedures (that is to say no worse than ours, only different) comprehensible. American lawyers and most judges are doing a fantastic job of holding truth to power and trying to maintain the rule of law.
But as several people here have asked, what happens when power just ignores truth and carries on doing what it was doing before? The failure to comply with orders relating to USAID is an excellent example. And who will know if Elon’s Muskrats have obeyed the order to destroy any copies of information they should not have had in the first place? How are these orders to be enforced? Unless they have teeth the government will soon start not turning up. And that would be very serious indeed.
I cannot agree with you enough in this. Right now, our main fight is in the courts, since Democrats don't have much power in Congress. In the courts, and in the streets, and in the media.
But boy, I have so many alerts coming in for Trump court cases that I'm buried. As you are.
And we have not failed. The judges, all, followed the law. After four years of lawless behavior in Texas courts and the Fifth, it is so refreshing to see the law being followed. Not as good as what some of the judges have had to say in the courts...but it helps us to realize that, for the most part, our judiciary is good.
"The reality of litigation challenging the Trump administration is that it isn’t all going to win.
That’s OK.
Forcing the administration to defend its actions, on the record and in public, is important."
very very important, thank you for saying that
It's easy to get discouraged when some lawsuits fail. This is a good reminder that you don't need to bat 1000 for the fight to be worthwhile.
I have been part of two lawsuits related to state government in Iowa, and both ended with good outcomes.
That’s a very interesting combination of justices in those decisions, and gives me some hope.
Indeed!
I appreciate your breakdown here, as well as other commentary you have been providing about our current situation. In the USAID case, I want to note that Marocco’s words have mostly been just that. Despite his declarations, many USAID employees have still not received the protections he assured the judge were in place. While I’m glad those things are on record, I worry that this is likely to be a pattern for the administration: say what you need to say to win, because no one is going to bother following up or enforcing your actions.
Thanks for your continued work in breaking down a lot of these actions and judgments. I take some heart in that the administration is still taking taking others to court as they get taken to court themselves. There is, in that recognition of the power of the courts, a feeling of (tentative) relief that our beautiful experiment of a country has not completely dissolved into right-wing fascism. The Trump administration continues to push boundaries, and I'm glad that folks are pushing back where, when, and how they can.
If dragging out litigation wasn't a useful tool of harassment, then every...single...fucking...thing the Biden administration ever did wouldn't have been stopped in its tracks by litigation. And if Trader Joe's didn't feel threatened by its workers' union, then Trader Joe's United wouldn't be ensnared in a modern equivalent of Jarndyce v. Jarndyce. Now that we're living in Bizarro World, we have to use their playbook against them.
Now that the Shit has Officially Hit the Fan, they've got more guns and money...but we have more lawyers.
If I ever get done with these court cases - I'll be back - thank you for your service 😎✌️
We meed to take a page from the Bannon playbook: flood the zone. The more suits they have to fight, the more we distract them.
And yes, it hurts to lose a fight now and then, but the greater mission remains: FIGHT.
Well said Chris, as usual! Thanks for continuing to help put all this chaos into perspective.
Although as the plaintiffs demonstrated in the USAID case mentioned, there's no indication that what the government said is happening is actually happening. Even after the Marocco statement, plaintiffs continued to demonstrate that USAID field staff have received no payment, utilities and housing are going unpaid, systems access has not been restored, and guidance/communication from DC is not happening. Hard to imagine this situation improves following yesterday's ruling. If we zoom back out to the 35k foot level on USAID, despite the variety of cases, it remains the case that no one's employment was restored, no grants or contracts have resumed despite court orders, and no payments (even for work completed going back to last November) have been processed. That's extremely concerning for the rule of law.
As a British lawyer from across the pond I thank you for making your sometimes Byzantine procedures (that is to say no worse than ours, only different) comprehensible. American lawyers and most judges are doing a fantastic job of holding truth to power and trying to maintain the rule of law.
But as several people here have asked, what happens when power just ignores truth and carries on doing what it was doing before? The failure to comply with orders relating to USAID is an excellent example. And who will know if Elon’s Muskrats have obeyed the order to destroy any copies of information they should not have had in the first place? How are these orders to be enforced? Unless they have teeth the government will soon start not turning up. And that would be very serious indeed.
Chris, did you see this?
https://www.ntd.com/doj-files-misconduct-complaint-against-judge-overseeing-challenge-to-transgender-military-ban_1049454.html
SCOTUS may get very tired of schooling Trump. Some deserve it.
It’s nice to read that you’re attracting a more mature and less remarks observations
Thanks for all you and your team do for us!