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Fair Courts

Moments Like Now Are Why We Have Courts

First published in Otherwords.

Close up image of the Supreme Court

President Trump’s second term has made clear how much we need the courts to uphold the rule of law — and what a difference that makes to our everyday lives.

Donald Trump and Elon Musk are targeting institutions and programs that provide vital public services. They’re endangering our health, our savings, and even our lives — just to funnel money to billionaires.

And they’re doing much of it illegally. When Congress creates an agency to protect Americans from pollution, financial scams, or anything else, only Congress can eliminate that agency. When Congress directs money to be spent on vital programs that help us, only Congress can slash that spending.

But with Trump’s allies in control of the House and Senate, Congress isn’t protecting us from the wholesale assault on the services and benefits our government provides. Fortunately, the courts are doing a better job.

Musk and DOGE are trying to fire the vast majority of employees(link is external) at the Consumer Finance Protection Bureau, the agency that protects us from predatory actions by banks, credit card companies, and other financial entities.

There are massive cuts at the National Weather Service(link is external), the people who we count on to warn us about hurricanes, tornadoes, and floods. Trump’s spending freeze has also delayed vital cancer research at the Veterans Administration(link is external).

Attacks on the Social Security Administration are putting our retirement benefits at risk(link is external). Layoffs at the National Park Service threaten millions of Americans’ vacation plans(link is external). And with Trump cutting half the Education Department’s staff(link is external), all our kids are now at risk.

Fortunately, district court judges have bravely stepped in and applied the law.

One court blocked(link is external) the administration’s massive government-wide firing of recently hired workers. Another blocked(link is external) Trump from firing a key member of the National Labor Relations Board, which protects the rights of working people. Another sharply limited(link is external) the administration’s attacks on the Consumer Finance Protection Bureau.

Rulings like these are temporary. They immediately stop what is almost certainly illegal behavior while time-consuming litigation proceeds. But for now, they’re the only part of the government effectively protecting us from Trump and Musk’s rampage.

MAGA Republicans in Congress have noticed — and they’ve introduced bills to weaken the courts.

The Judges Act would add numerous new judgeships for Trump to fill, giving him more influence over the cases against him. The misnamed “No Rogue Rulings Act” would prevent federal district courts from blocking clearly illegal actions by the administration.

And the Orwellian “Promptly Ending Political Prosecutions and Executive Retaliation Act” (or PEPPER Act) would effectively prevent states from prosecuting Trump for anything he does during his presidency, including sexual assault (for which he’s been held legally liable in the past).

Now Donald Trump and Elon Musk are directly threatening judges that rule against them with impeachment(link is external) — a classic tool of dictators.

Clearly, Trump and his allies understand how important the courts are in protecting us. Why else would they be trying to neuter them?

In other pivotal points in our nation’s history, courts have played a vital role. Sometimes they have failed us. In the late 1800s, they turned their back on Reconstruction and gave us “separate but equal,” condemning millions of Americans to brutal subjugation and violence.

At other times, courts saved us. The Supreme Court reversed the flawed “separate but equal” decision, ended Jim Crow, and brought democracy to the South. A unanimous Court made Richard Nixon turn over the Watergate tapes, which ended his lawless presidency.

That’s why it’s so important to make sure our courts are fair and independent. Moments of crisis — like we’re experiencing now — are why we have courts, and why it’s essential to make sure they’re filled by fair-minded judges.