16 MONTEREY COUNTY WEEKLY FEBRUARY 13-19, 2025 www.montereycountynow.com Courting Disaster The court system is not enough to stop the Donald Trump-Elon Musk coup. By Elie Mystal FORUM Many of President Donald Trump’s orders are illegal and unconstitutional, and brazenly so. Most good-faith lawyers can see that, but “good faith” does not describe the current state of the federal judiciary. Trump and MAGA have captured the courts: They have seeded the lower courts with federal judges more loyal to Trump and his white-supremacist movement than they are to the law. They have stacked the Supreme Court with justices hostile to civil rights and equality. This doesn’t mean that cases brought by the ACLU, AFL-CIO or Democratic state attorneys general are destined to fail. Their cases are righteous (and, legally speaking, right). Some might even succeed. But the courts will not “save” us. Trump and Elon Musk are barbarians at the gate; calling in the lawyers to tell them they’re trespassing isn’t going to halt their advance. Courts are not known for their harm prevention—they’re best used when trying to hold someone accountable for the harm they already caused. Court cases move slowly. If we’re very lucky, in a year or two we’ll get final rulings on whether Trump is allowed to do the things he started doing two weeks ago. The Trump administration has already been hit with temporary restraining orders over a number of its illegal executive orders—including its unconstitutional revision of the 14th Amendment to end birthright citizenship (a case the County of Monterey has also signed onto), its illegal funding freeze on money already appropriated by Congress, and more. In theory, these orders should be effective stopgaps. The problem is that the court has no enforcement mechanism. Consider the constitutional crisis unfolding right now. Musk has reportedly seized access to the private information of every US taxpayer, and the payroll information of every government employee. He has no right to this information but…he has it. Who’s going to undo that damage? Court directives like temporary restraining orders and nationwide injunctions worked in the past only because other presidents agreed to be restrained by them. I’m not saying that the courts do not matter. Some good decisions will squeak through. Some lives and institutions might be spared. A ruling against Trump could help to spur public opinion against his actions. A ruling against Trump that Trump ignores could help to break the media out of its Trumpinduced stupor. The lawsuits are necessary; literally any shred of resistance against what Trump is doing is necessary. But the courts will not save us. Even a friendly court is not designed to save democracy from a democratically elected president. The American people gave Trump and Musk the power they now lord over us. Only the American people can take that power away. A court order cannot change a mind. It cannot recapture things that have been lost, or stolen. The only thing that can save us is us. Elie Mystal is justice correspondent at The Nation, where this story first appeared. OPINION Any shred of resistance is necessary. UPSEASIDE.COM 1760 FREMONT BLVD, SEASIDE For leasing opportunities call (415) 730-3917 UNIVERSITY PLAZA SEASIDE’S LIFESTYLE SHOPPING CENTER Order Online at HarumiSeaside.Menu11.com • (831) 899-9988 OPEN DAILY FOR LUNCH & DINNER ONLY THE FINEST ANDTHE FRESHEST RESTAURANT ’23 VOTED Best Thai Food 6 Times! Enjoy Fresh and Flavorful Cuisine Lunch: Mon-Fri 11am-2:30pm Dinner: Mon-Thu 4:30-8pm Fri 4:30-8:30pm, Sat 12-9pm Last seating 15 mins before closing 1760 Fremont Blvd #F1 • Seaside • University Plaza • 394-2996 • BaanThaiSeaside.com Beer Garden • LeaGues • TournamenTs LynnsArcAde.com 1760 Fremont BLvd. ste d1, seAside Monthly MeMbership - $100 Daily pinball pass - $20 (aDult) $15 (chilD/stuDent/Military hourly pinball - $10 private parties - $10 tuesDay
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