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On Thursday, November 8, 2018, United States District Judge Brian Morris, issued a landmark ruling in favor of the Indigenous Environmental Network (IEN) and the North Coast Rivers Alliance (NCRA), and other groups in the litigation to stop the Keystone XL Pipeline.
Judge Morris's 54-page Order overturns the Trump Administration's approval of the KXL Pipeline and issues an injunction stopping all construction of the tar sands project. Judge Morris ruled that President Trump violated federal environmental laws when his Administration claimed that the KXL Pipeline was consistent with the public interest. Judge Morris ruled that approval of the KXL Pipeline violated the National Environmental Policy Act ("NEPA"), and the Administrative Procedure Act because: (1) President Trump disregarded prior factual findings by former Secretary of State John Kerry that the KXL Pipeline would unjustifiably worsen climate change, (2) failed to conduct an adequate survey of Native American cultural resources that would be harmed by the pipeline, (3) failed to provide adequate modeling of potential oil spills and their impacts on water resources, (4) failed to analyze the cumulative effects of this project on greenhouse gas emissions, and (5) failed to address the effects of current oil prices on the viability of the project.
The injunction against all construction work will stand until the Trump administration can complete a supplemental review on the 5 points mentioned above.
The following quotes are from members of the Indigenous Environmental Network:
Tom Goldtooth, Executive Director for the Indigenous Environmental Network said, "This is a win for Lakota, the Oceti Sakowin and other Tribal Nations, for the water, and for the sacredness of Mother Earth. This decision vindicates what we have been saying all along: Trump's approval of this pipeline was illegal, violated environmental laws and was based upon fake facts. Our legal fight has been for the benefit of all life along the proposed route of this Canadian tar sands pipeline. This pipeline is the enemy of the people and life as we know it. It must be stopped. We will continue our prayers to take action to fight the Trump administration in defense of the sacred, to protect Indigenous rights, to defend our treaty territories and to advocate for the continuation of the next seven generations of life on Mother Earth free from fossil fuels."
Joye Braun, IEN Frontline Community Organizer, Cheyenne River Sioux Nation said, "We have fought this pipeline tooth and nail and it's a great affirmation to hear this judge agree with us. President Trump's permit was utterly illegal and against the proper procedure. For our people, it has always been a matter of no: No Consent, No Pipeline. We will continue to fight for our sovereignty as nations, our cultural and historic sites, for the safety of our people from man camps and for the sacred medicine that is the water. We will fight and we will win."
Waniya Locke, People Over Pipelines, Grassroots Of Standing Rock said, "One of Trump's first presidential acts was to approve the Dakota Access pipeline, subsequently inflicting violence upon our peaceful people. So I am happy to see that Trump is being checked, that his approval of Keystone XL is being reversed and that he will have to reevaluate the effects of this pipeline on the land and culturally significant sites. it's incredible. From the open prairies to the courtrooms, our ancestors and sacred sites are protecting us."
Lewis Grassrope, Wiconi un Tipi Camp in Lower Brule, South Dakota said, "Through our prayers, we stood for the greater good of our people. Today one of those prayers has been answered with this decision on Keystone XL, but we must still stay the course to keep our people safe from any atrocious acts that affect our lives and livelihoods."
Manape LaMere, Government Rep of the Sioux Nation of Indians and Bdewakantowan Isanti Headsmen said, "Supporting one another post-Standing Rock and bringing awareness throughout our territory, we've dealt a big blow to the Trump administration. We continue to pray and set those prayers in motion thru action, that this KXL project remains in its death throes, until we can truly claim final victory."
The order can be read here: Fed Judge Order Against KXL presidential permit
Established in 1990 within the United States, IEN was formed by grassroots Indigenous peoples and individuals to address environmental and economic justice issues (EJ). IEN's activities include building the capacity of Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, health of both our people and all living things, and to build economically sustainable communities.
One policy expert warned the move was likely meant to signal to Republican election officials that if they take actions to steal future elections, "they'll be pardoned."
President Donald Trump has given a "full, complete, and unconditional” pardon to a long list of allies who conspired to help him overturn his loss in the 2020 election.
Late Sunday night, Justice Department attorney Ed Martin posted a list of over 70 people who would receive pardons. Many of the figures included were named as unindicted co-conspirators or charged at the state level for their roles in the plot to knowingly spread false claims of widespread voter fraud in an attempt to push states to reject former President Joe Biden's victories in key swing states and pressure Vice President Mike Pence into stopping the certification of the election.
Among those pardoned are Trump lawyers Rudy Giuliani and Sidney Powell, who publicly promoted baseless claims of a vast conspiracy against the president to the public, claiming that the election was stolen by a cabal of foreign infiltrators and scheming election officials. They later faced defamation lawsuits for these claims, and in legal proceedings, Giuliani conceded he made false statements about election workers, while Powell's lawyers argued that "no reasonable person" would conclude her public claims were statements of fact.
Trump also pardoned former chief of staff Mark Meadows, who acted as a facilitator between the president and state officials he attempted to bully into saying he won the election. Aside from the president himself, Meadows was the highest-ranking White House staffer on the phone call in which Trump asked Georgia's Republican Secretary of State Brad Raffensperger to "find" him enough votes to be declared the winner of the election.
Also receiving pardons were attorneys John Eastman and Kenneth Chesebro. They were part of what Pence called Trump's "gaggle of crackpot lawyers," who concocted the tortured legal theory that the vice president could declare Biden's victory in swing states illegitimate and anoint Trump as the winner. Eastman privately admitted to Trump that the scheme was illegal but pressed ahead with it anyway, culminating in the January 6, 2021, insurrection at the US Capitol, during which Trump supporters chanted, "Hang Mike Pence," and tried to stop the election results from being certified.
Also pardoned were several of the right-wing activists who signed documents falsely claiming to be electors from states that had certified the election for Biden.
Crucially, the individuals listed never faced federal criminal indictments for their election subversion attempts. However, dozens of those on the list were charged with crimes in swing states—including Georgia, Arizona, Wisconsin, and Nevada—related to the effort. The pardons mean these officials cannot be indicted at the federal level for these crimes.
Though the pardon list is broad, giving clemency to "all United States citizens for conduct relating to the advice, creation, organization, execution, submission, support, voting activities, participation in or advocacy for or of any slate or proposed slate of presidential electors… as well for any conduct relating to their efforts to expose voting fraud and vulnerabilities in the 2020 presidential election," it explicitly states that it "does not apply" to Trump himself, indicating that his legal team is not yet ready to test the theory that the president can pardon himself.
Still, the language Martin used in the announcement—"No MAGA left behind"—signaled the goal of creating a two-tiered justice system where those who display loyalty to Trump are immune from the law.
"The stated goal of the pardon attorney is to reward the president's political supporters," wrote Matt Gertz, a senior fellow for Media Matters for America on social media.
It coincides with Trump's broader efforts to give get-out-of-jail-free cards to anyone who gives him political support. Immediately after returning to office, he gave blanket pardons to more than 1,500 people who participated in the violent effort to overturn the election on his behalf on January 6. Since then, his Justice Department has moved to fire or suspend those who brought cases against them, even for unrelated crimes.
Simply being a public Trump supporter has often been enough for people to be let off the hook for petty crimes. Florida healthcare executive Paul Walczak, who was convicted of federal tax evasion, reportedly got a pardon after his mother made a substantial donation to Trump's Super PAC. He later gave pardons to reality stars Todd and Julie Chrisley, a pair of vocal supporters, who were convicted of bank and tax fraud. He also pardoned Virginia Sheriff Scott Jenkins, another prominent supporter, who was convicted in a bribery scandal for accepting "cash for badges."
"Pardon attorney Ed Martin explicitly linked the pardons to his 'No MAGA left behind' mantra—tweeting the news in reply to a post that said exactly that," noted senior Lawfare editor Anna Bower. "Ironically, Martin also leads the Weaponization Working Group, which probes alleged 'politicization' of the Justice Department."
Tyson Slocum, an energy policy expert at Public Citizen, warned that these pardons send a clear message to those hoping to help Trump subvert future elections.
"Trump's pardons of Republicans who have committed crimes," he said, "is a setup to encourage state-level Republican election officials to take actions to illegally steal the election, knowing that if they succeed, they'll be pardoned."
"Bold choice going with a strategy of 'we are losers,'" wrote one critic of King's statement.
Sen. Angus King, one of the senators who broke with the majority of the Democratic caucus to support a deal to end the federal government shutdown, drew swift anger when defending his vote on Monday morning.
During an appearance on MSNBC's "Morning Joe," King (I-Maine) tried to make the case that shutting down the government had only given President Donald Trump a free hand to consolidate power in the White House.
"In terms of standing up to Donald Trump, the shutdown actually gave him more power, Exhibit A being what he's done with [the Supplemental Nutrition Assistance Program]," he said. "So, standing up to Donald Trump didn't work, it actually gave him more power."
Sen. Angus King: "Standing up to Donald Trump didn't work" pic.twitter.com/Y751B5SajR
— Aaron Rupar (@atrupar) November 10, 2025
Senate Democrats who supported the deal have been denounced by progressives, and even some moderates, for agreeing to fund the federal government without securing an extension for enhanced tax credits for people who buy health insurance through Affordable Care Act (ACA) exchanges. The tax credits have been at the center of the shutdown—the longest in US history—but the Democrats who voted with the GOP did so after securing only the Republicans' claim that they'll hold a vote on healthcare in the future.
Polls have shown a majority of voters have blamed the Republican Party for the shutdown, and a plurality of respondents to a KFF survey last week said Democrats should hold firm in their demand on healthcare subsidies. Trump said last week that the election results put more pressure on the GOP—not the Democrats—to take action to end the shutdown.
Additionally, the decision to cave on the shutdown came less than a week after Democrats won sweeping victories in key elections where candidates unapologetically stood up to Trump and vowed to fight his administration's unpopular policies.
Given this, King's statement that "standing up to Donald Trump didn't work" was met by swift and immediate blowback.
"Bold choice going with a strategy of 'we are losers,'" wrote Matt Gertz, senior fellow at Media Matters for America, in a post on X.
"Breaking Points" host Krystal Ball reacted with angry profanity to King's statement.
"Jesus fucking Christ," she fumed. "Resign. Genuinely just fucking resign."
Photographer Brett Banditelli accused King and his likeminded Democratic senators who supported the deal of "living in another reality."
"They're just DC brained," he wrote on Bluesky. "They live in a world where Politico and Punchbowl News are the most important publications."
Indivisible cofounder Leah Greenberg sarcastically imagined Democrats incorporating such "inspiring messaging" about failing to stand up to Trump into fundraising appeals.
Fordham University economist Tony Annett marveled at King's belief that it was ineffective to stand up to a president with historically low approval ratings, which stood at just over 41% last month according to one poll.
"No wonder their brand is in the toilet," he said of the Democratic Party.
A Pew Research poll released in late October found that two-thirds of Democratic voters said they were "frustrated" by the party, with the top listed reason being that Democrats have "not pushed back hard enough against the Trump administration."
"Let’s be clear — this proposal isn’t a compromise, it’s a capitulation," said one progressive lawmaker in the US House.
Fury on the progressive left and among lawmakers who opposed such "capitulation" to the Republican Party erupted overnight after a handful of Senate Democrats joined with their GOP counterparts in a procedural vote on Sunday night to end the government shutdown without gaining any meaningful concessions.
With the support of eight members of the Democratic caucus—Sens. Catherine Cortez Masto of Nevada, Dick Durbin of Illinois, John Fetterman of Pennsylvania, Maggie Hassan of New Hampshire, Tim Kaine of Virginia, Angus King of Maine, Jacky Rosen of Nevada, and Jeanne Shaheen of New Hampshire—Republicans in the upper chamber secured the necessary 60 votes needed to pass a cloture vote that paves the way for a deal critics warn does nothing to save Americans from soaring healthcare premiums unleashed due to the GOP spending bill passed earlier this year and signed into law by President Donald Trump.
“It is thoroughly disappointing that, while most Americans overwhelmingly oppose Republicans’ horrific budget, support the fight to curtail Trump’s authoritarianism, and want to protect healthcare, some Democrats failed to hold the line, and squandered an opportunity to score a popular and decisive win for the American people," said Lisa Gilbert, co-director of the progressive watchdog group Public Citizen.
The deal will combine three separate funding measures into a single stopgap bill that will reopen the government and keep it funded through the end of January of 2026, but contains no restoration of Medicaid funding, fails to curb Trump rescissions that have devastated government agencies and programs, and does nothing to address Affordable Care Act subsidies other than a "meaningless" promised vote to extend them within 40 days—a vote nearly sure to fail in the Senate and likely not even taken up in the US House, controlled by Republicans.
"What the election showed is that the American people want us to stand up to Trumpism—to his war against working people, to his authoritarianism. That is what people wanted, but tonight that is not what happened." —Sen. Bernie Sanders (I-Vt.)
"How absolutely pathetic," declared the Justice Democrats, an advocacy group that focuses on assisting progressive challengers willing to take on more establishment lawmakers in office. "Your voters expect you to hold the line for their basic healthcare and food benefits. This is just surrender. Every Senate Democrat that joined Republicans to pass this sold the American people out and we should make sure they have no future in public office."
"Let’s be clear — this proposal isn’t a compromise, it’s a capitulation," said Rep. Jonathan L. Jackson (D-Ill.). "Millions would lose their health coverage, and millions more would face skyrocketing premiums. The Senate should reject this misguided plan. In the House, my vote will be HELL NO."
The original Dem demands were:1) Permanent ACA subsidies2) Medicaid funding restored3) No more blank checks for the regime (rescission)They dropped Medicaid immediately. Went silent on rescission. Cut back to 1 year of subsidies on Friday. And surrendered today.The Senate Democrats!
— Ezra Levin ❌👑 (@ezralevin.bsky.social) November 9, 2025 at 9:29 PM
For Gilbert, the shutdown exhibited exactly "how far Republicans will go to demonstrate subservience to their authoritarian leader, even at the expense of the most basic needs of ordinary Americans. Republicans have destroyed affordable healthcare access for millions of Americans, and have allowed the President to weaponize hunger against millions more of our most vulnerable people, all so that they can bully through a budget that’s catapulting us towards a dystopian future of stark inequality."
While the shutdown may come to an end this week, Gilbert said it remains imperative that "everyone who cares about the well-being of Americans to use all the leverage they have to push back on Trump’s authoritarianism and his cannibalizing of the basic needs of Americans for the benefit of his corporate donors and billionaire friends."
Sen. Bernie Sanders (I-Vt.), who, like Sen. King of Maine, caucuses with the Democrats, called it a "very bad night" as he condemned the eight members of the caucus for making a "very, very bad vote" at a time when the political winds and the moral argument were clearly on the side of holding the line.
"What it does, first of all," said Sanders in a statement following the vote, "is it raises healthcare premiums for over 20 million Americans by doubling, and in some cases tripling or quadrupling. People can't afford that when we are already paying the highest prices in the world for healthcare. Number two, it paves the way for 15 million people to be thrown off of Medicaid and the Affordable Care Act," citing a statistic that indicates over 50,000 people "will die unnecessarily each year" due to lack of adequate healthcare coverage.
"All of that was done," continued Sanders, "to give a $1 trillion in tax breaks to the top 1%." In a political context, Sanders noted that last week's electoral wins in numerous races across the country showed that voters are in the mood to reward lawmakers who stand up to President Donald Trump and his allies in Congress, rather than give in to them.
"What the election showed is that the American people want us to stand up to Trumpism—to his war against working people, to his authoritarianism," he said. "That is what people wanted, but tonight that is not what happened."
Democrats in the House, who had backed their Democratic colleagues for holding the line over 40 days in the Senate, fumed over the failure to keep going.
"Americans have endured the pain of the longest government shutdown in history for a 'deal' that guarantees nothing on healthcare," said Rep. Summer Lee (D-Pa.). "If Republicans wanted to vote to extend subsidies, they would’ve done it already. Capitulating is unacceptable."
"What Senate Dems who voted for this horseshit deal did was fuck over all the hard work people put in to Tuesday’s elections." —Rep. Mark Pocan (D-Wis.)
Sen. Chuck Schumer, the Senate Minority Leader, voted "no" on the deal. Still, it's widely understood he was the driving force behind putting the agreement together and privately supported the eight lawmakers—none of whom are facing reelection in 2026—to cross over.
"Schumer voting 'no' for a shutdown deal he facilitated every step of the way," noted journalist Ken Klippenstein. "Just trying to keep his hands clean. Don't fall for it."
In the wake of the vote, others called for Schumer to resign or be primaried for capitulating to deliver practically nothing.
The surrender by Democrats in the Senate facilitated by Schumer, opined journalist Krystal Ball, "perfectly encapsulates why centrists are the problem for the party both substantively and electorally. After romping nationwide victories, the worst members of the Democratic caucus decided to abandon the healthcare fight, which hurts Americans and demobilizes their own base."