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It is unlikely that any Chief Justice in history played more of a role in destroying more of our nation’s democracy rules than this man.
Chief Justice John Roberts is smart and skilled. He will be remembered, however, as a historic failure.
This is not a claim to make lightly, but his record compels it, because Roberts’ legacy will be defined by two catastrophic roles he played.
First, Roberts has played the lead role in destroying indispensable rules of our democracy.
Second, Roberts has played the lead judicial role in serving as the handmaiden to President Trump’s efforts to turn our democracy into an autocracy. (This historic failure will be detailed next week in Part II).
Roberts’ role in destroying essential rules of our democracy
Chief Justice Roberts has taken the lead in writing a series of opinions that have destroyed essential rules governing our democracy. They deal with:
The following opinions, written by Roberts and joined in all but one case only by the Republican-appointed majority on the Court, have done unprecedented harm to our democracy.
Roberts wrote the majority opinion for a 5–4 decision in Shelby County v. Holder (2013). It declared key sections of the landmark Voting Rights Act of 1965, the most consequential voting rights law ever enacted, to be unconstitutional. The Act was reenacted periodically over decades until the Shelby County decision.
The Roberts opinion unleashed a wave of regressive and discriminatory voting changes by states and local jurisdictions that disadvantaged minority voters and impeded their voting rights and their ability to fully participate in the democratic process.
McCutcheon v. Federal Election Commission
Roberts wrote the majority opinion for a 5–4 decision in McCutcheon v. Federal Election Commission (2014) which struck down the aggregate limit on all contributions by a donor in an election cycle, a provision previously held constitutional by the Supreme Court in Buckley v. Valeo in 1976.
In Buckley, the Supreme Court had found that unlimited contributions given to support candidates were inherently corrupt. The McCutcheon decision, however, eviscerated the limits on individual contributions to candidates by unleashing billionaires, millionaires, and other big money donors to give unlimited, often huge, contributions to Super PACs to benefit specific candidates.
Roberts wrote the majority opinion for a 5–4 Court decision in Rucho v. Common Cause (2019), in which the Court decided that it could not act on challenges to partisan redistricting plans. The decision claimed that the Court is incapable of establishing standards for determining when partisan maps become unconstitutional, no matter how extreme.
The Rucho decision means that there are no constitutional restrictions on partisan gerrymandering, no matter how rigged the plans are. The result is that politicians get to choose their voters rather than voters choosing their representatives.
Roberts wrote the unanimous opinion in McDonnell v. United States, (2016), which vacated the conviction of former Virginia Governor Robert McDonnell for honest services fraud and extortion. In his opinion, Roberts said that McDonnell’s actions did not constitute “official acts” under the applicable laws, including the bribery law.
In its decision, the Court adopted a narrow, unrealistic construction of the term “official act” to exclude various acts of an officeholder that should be covered, even when those acts are done in direct exchange for gifts or other benefits. For all practical purposes, the Court has left the country without effective bribery laws to prevent public officials from selling their office for financial benefits.
Roberts wrote the opinion for a 6–3 majority in Trump v. United States (2024), which gave Trump presidential criminal immunity. The decision violated a guiding principle of our Founders that no person is above the law. The Roberts opinion placing Trump above the law and also giving him personal control of the Justice Department and FBI can be seen in such outrageous Trump pronouncements as the statement that he has “The right to do anything I want to. I’m the president of the United States,” and “I run the country and the world.”
It is unlikely that any Chief Justice in history played more of a role in destroying more of our nation’s democracy rules than Roberts. And that is how he will be remembered.
The list of anti-worker cruelty and anti-democratic attacks increases by the day. Tyrant Trump always says, “This is only the beginning.” Believe him.
The huge Labor Day banner outside the Labor Department building with Trump’s picture and the words “American Workers First” depicts one of Donald’s most disgusting lies.
With multiple factual examples, Steve Greenhouse, former labor reporter for the New York Times, provides proof that Trump is the most brazenly “anti-worker” president in U.S. history. With his Big Vicious and Ugly Bill, barely passed by his fawning GOP in Congress, and dozens of illegal Executive Orders, he is smashing the American Worker beyond the avarice of the cruelest Plutocrat.
Quoting liberally from his Labor Day article in The Guardian, I urge labor union leaders and rank-and-file union members to absorb its contents. This article could make American labor angry enough to mount an unstoppable movement to tell Trump, “You’re Fired,” and fire up enough convinced or electorally scared lawmakers in Congress to impeach and remove Trump from office.
The aggregated madness from this failed gambling czar, wholly devoid of empathy, compassion, truth, while betraying his own voters and his oath of office, follows:
The recent massacre in the Caribbean was a step toward making America a police state under President-for-Life Trump.
Why is Donald Trump committing murder on the high seas?
Last week President Trump bragged that “On my Orders,” the Navy destroyed a speedboat with eleven people aboard, claiming that those slain were “Tren de Aragua Narco terrorists . . . transporting illegal narcotics, heading for the United States.”
The legal procedure for dealing with drug traffickers on the high seas is actually for the Navy or Coast Guard to stop and board the suspect vessel, confirm it is carrying illegal drugs, then arrest and prosecute those on board.
Instead, Trump treated what should have been an (alleged) criminal law enforcement matter as open warfare and, without any need, killed everyone aboard. Why? Because Trump wants the lethal use of military firepower on supposed foreign “bad guys” to serve as a model for militarizing American cities – in the name of stopping an imaginary crime wave.
One week after the Caribbean Sea attack, Trump and the Defense Department have yet to provide evidence the vessel was carrying drugs to America. But even if had been, summarily killing eleven civilians is still murder.
Killing eleven people in Venezuela was Donald Trump’s out-of-town tryout. Trump’s militarization of our cities, if not resisted, could lead to the termination of free elections in America.
Calling a criminal gang a “foreign terrorist organization” does not make it legal to slay alleged gang members without a trial – particularly when the gang has not been linked to acts of political terrorism, as confirmed by the fact that the Justice Department’s two indictments of gang members include no charges of terrorism.
Still less does tagging them “Narco terrorists” mean that the United States is in “armed conflict” with a gang, to which the laws of war might apply. Gangs aren’t enemy nations and they’re not fighting for a political ideology – they’re in it for the money. Suppressing them isn’t warfare. The Navy was not engaged in a naval battle with a speedboat.
A former State Department attorney specializing in counterterrorism, Brian Finucane, put it succinctly. “Outside of armed conflict, we have a word for the premeditated killing of people. That word is murder.”
Annie Shiel, the U.S. advocacy director of the Center for Civilians in Conflict, confirmed the point. “Using lethal force in this way, outside of any recognizable armed conflict and without due process, is an extrajudicial execution, not an act of war.” Myriad legal experts confirm that obvious conclusion.
But Secretary of State Marco Rubio sought to justify the slayings by asserting “interdiction doesn't work.” “What will stop them is when you blow them up, when you get rid of them.”
Secretary of Defense Pete Hegseth echoed the sentiment. “Anyone trafficking in those waters who we know is a deadly terrorist will face the same fate.”
But if our military is allowed to blow up people on unproven assertions of drug dealing, the same logic would justify the military engaging in summary executions of those they deem “bad guys” in the United States itself. Which is perhaps the point.
Drug trafficking is not a capital offense in the United States. The alleged crimes would not warrant execution even if Trump’s targets were found to be cartel drug smugglers..
In reality, there is little reason to credit Trump’s claims about who the people on board were and what they were doing.
Nonetheless, Trump prefers the drug smuggling story because it is part of his strategy to conflate immigration, crime and gangs to justify sending troops into American cities.
Trump’s claim that undocumented immigrants have brought rampant crime to America is false. Few of those Trump is deporting have committed a serious crime, and immigrants as a group are actually less likely to commit crimes than native born Americans. But Trump has repeated his phony charge hundreds of times, and it has had an impact.
Drug-running gangs enjoy little sympathy, and Trump expects few people to worry about whether the eleven individuals he ordered killed were drug traffickers or actually the gang’s victims. But if he gets away with having the Navy blow them up, he hopes Americans will come to see troops on our streets as acceptable, even desirable, since they are (purportedly) fighting the same drug dealing villains.
Trump himself drew the direct connection between his war powers as commander in chief and his claim that military force is the solution to crime in the U.S. when he recently threatened, “Chicago about to find out why it’s called the Department of WAR.”
He will not immediately order unrestrained violence against alleged criminals (or opponents) as freely as he did in the Caribbean Sea off Venezuela. But he has begun the process of legitimizing law-free military “law enforcement,” first abroad and eventually in America.
Where will it end?
Trump has declared emergency after emergency, many of them focusing on his deportation agenda, and all of them stretching – and breaching – the lawful limits of presidential power. Trump has correctly concluded that if he is to swiftly deport millions of immigrants without considering their possible right to be here, his targets must be deprived of the due process of law which our Constitution guarantees to everyone in America.
But eliminating due process rights does not enjoy broad popular support, and Trump’s deportation efforts have repeatedly been stymied by the courts. Enter the concocted “Narco terrorist” boat incident. In Trump’s narrative – never mind truth or evidence – the U.S. Navy eliminates “bad guys” on the high seas without bothersome legal process.
It’s political theater. But not just theater.
The legal theories are those Trump’s Justice Department has asserted with little success in federal court: First, that Trump is entitled to use the military for “law enforcement” because we are being “invaded.” Second, that alleged gang members can be summarily deported and imprisoned (and now killed) because we are “at war” with cartels. Trump may not be able to persuade the courts that these outlandish legal theories are correct, but he can act on them with impunity in the waters off Venezuela, by ordering the Navy to dole out death.
Trump’s ultimate end is plain enough: unlimited power.
Donald Trump was the only president in the life of the Republic to refuse to surrender office after losing an election. Donald Trump was the only president to unleash an insurrection to try to hold onto office. And now, having lawfully returned to power, he has not concealed his desire to remain after his current term ends.
During the 2024 campaign, Trump promised his followers that if he was elected, things would be “fixed so good” that “in four years, you don't have to vote again.” And, after predicting his election to a second four-year term, Trump told another audience “we’re probably entitled to another four after that.”
Trump has said he is “not joking.” “A lot of people want me to do it,” he told NBC News this Spring. “There are methods which you could do it.”
What method does Trump have in mind? Here are some ways Trump could use the military to unconstitutionally retain power:
Arrest or detain voters. Recall Trump’s baseless assertion that undocumented immigrants are voting en masse in American elections. With the military placed in key cities as a “crime fighting” force, Trump could use the soldiers and his masked ICE agents to remove Hispanics and other “suspect” voters from polling places, on the claim the soldiers are “ensuring election integrity.” Troops at polling places arresting people would certainly also frighten others away from the polls.
Seize voting machines. In 2020 Trump explored having Homeland Security or the Defense Department take control of voting machines in swing states. Attorney General Robert Barr reportedly shot down the suggestion.
But loyal sycophants Attorney General Pam Bondi or “War” Department Secretary Hegseth might well direct their departments to obey Trump’s orders to confiscate voting machines – and later report Trump’s amazing, landslide electoral victory.
Cancel elections because of an “emergency.” Donald Trump is the master of emergencies. He might manufacture one to justify suspending elections.
Trump claimed a handful of disruptive protests against ICE raids in Los Angeles constituted a “rebellion,” requiring a military response. And he falsely asserted crime was “totally out of control in the District of Columbia” to rationalize the troop takeover of the nation’s capital. Now he threatens to send troops into Chicago, Baltimore and other cities that tend to vote Democratic.
As Trump prepares to rig the 2028 election as best he can, millions of Americans will take to the streets against his illegal candidacy. Trump has little tolerance for the constitutional right to assemble and protest. In June 2025 he warned: “For those people who want to protest, they’re going to be met with very big force.” During the widespread peaceful demonstrations over the murder of George Floyd in 2020, Trump asked his Defense Secretary about protestors near the White House. “Can't you just shoot them? Just shoot them in the legs or something?”
The Defense Secretary at the time did not grant Trump’s wish. But loyalist Hegseth is not likely to oppose any Trump suggestion.
A president who whipped up a mob to seize the Capitol in January 2021 could mobilize right-wing militias and MAGA forces for political violence before an election, and Trump might assert that elections had to be suspended until “order” was (someday) restored. Troops would enforce “calm” as the election was dismantled.
These scenarios only seem far-fetched because we still find it difficult to contemplate an American president engaging in naked, lethal dictatorial action.
Killing eleven people in Venezuela was Donald Trump’s out-of-town tryout. Trump’s militarization of our cities, if not resisted, could lead to the termination of free elections in America.
Mobilizing for the next election is not enough. The danger is now and we must resist now. We must withhold our cooperation from Trump’s authoritarian moves, refuse to obey in advance, pressure the institutions we are associated with to stand up for our constitutional democracy, and peacefully take to the streets to demonstrate the scope of the resistance. It is not too late. But if democracy is to be rescued, we must be the rescuers ourselves.
Don’t just blow your horn. Get out of the car and join the protest.
If you don’t want to acquiesce to the president’s way of doing things, might it not finally be time to make eye contact with those neighbors of ours who are homeless?
The federal takeover of Washington, DC rightfully attracted extensive media coverage, but an executive order called “Ending Crime and Disorder on America’s Streets,” quietly issued on July 24, received remarkably little attention. Perhaps it didn’t make a splash because it wasn’t specifically about policing (or, for that matter, National Guarding), but more generally about how we should treat people who already exist on the outermost fringes of society, human beings who have long been reduced to labels like “addict” or “homeless.”
Indeed, the Trump administration is counting on us to renounce those living on the streets, while struggling with their mental health or the cost of housing (or both). And if history is any guide, that may be exactly what most of us do. While the current moment may feel shocking in so many ways, the president’s order to end what he’s labeled “disorder” represents a further development of norms that have been in place for all too long. They are also norms that we have the power to change.
Identifying a very real crisis, the president’s July 24 executive order noted that “the number of individuals living on the streets in the United States on a single night during the last year of the previous administration—274,224—was the highest ever recorded.” The order went on to state that the majority of those who are unhoused have a substance use disorder, with two-thirds reporting that they have used hard drugs at some point in their lives. What followed was the administration’s solution: “Shifting homeless individuals into long-term institutional settings… will restore public order.” Precisely which institutions was unclear.
One thing we know is that the use of substances is often connected to past trauma or current hardship, including oppression and poverty. Regardless of that reality, not just the president but all too many of us tend to believe that people who use drugs are undeserving of our compassion or support. In 2021, a national survey found that 7 of every 10 Americans believed that those who use drugs problematically are “outcasts” or “non-community members.” (And yes, those were the terms used.)
The president’s executive order fuses drug use and homelessness into a single issue without revealing that homelessness can cause or exacerbate substance use disorder—because people use drugs to cope with privation. As addiction expert Gabor Maté has said, “Don’t ask why the addiction, ask why the pain.” Much like those of us who reach for wine or social media in order to escape, when people who are unhoused use drugs, they are usually searching for a way to make life tolerable. At the same time, they come to be regarded by their peers as non-community members, making it so much less likely that this nation will fight the president on his plans to round them up and erase them from our world entirely.
Meanwhile, many of us with homes never pause to consider our common habit of avoiding unhoused people in every possible way. We cross the street, shift our gaze, anything to avoid the briefest glimpse of their humanity—perhaps terrified to see ourselves in them. Here’s a thought, though: If you don’t want to acquiesce to the president’s way of doing things, might it not finally be time to make eye contact with those neighbors of ours who are homeless? Might it not be time to acknowledge their humanity and, in doing so, recover some of our own?
The Los Angeles nonprofit LA Más helps residents build security through collective economic power and home ownership. As Helen Leung, its executive director, put it recently: “Families who’ve been in their neighborhoods for generations are getting priced out. Vendors who work multiple jobs are sleeping in their cars. Kids have classroom friends disappear mid-semester because rent went up again.” She noted that immigrants and working-class households in particular are experiencing acute displacement pressure, which ultimately pushes some to become houseless—and now they find themselves in the crosshairs of the president’s July executive order.
That order proposes the vast expansion of a practice that has been around for a very long time. In recent years, in fact, in states across this country, there has been an uptick in involuntary commitment, a trade term for the forced institutionalization of people who are unwell—or, now, simply unhoused.
Evidence suggests that rounding up masses of unwell people and institutionalizing them will do anything but benefit public safety, while endangering the individuals who are locked up.
Elected officials of all political stripes, including the current president, have claimed that involuntary commitment is an evidence-based way to treat mental illnesses, including addiction. Research does show that, in certain cases, involuntary commitment can be beneficial. But in all too many cases, it’s both ineffective and inhumane. A recent report by the Federal Reserve Bank of New York found that the institutionalization of individuals who were involuntarily hospitalized in “judgment call cases”—meaning cases where one physician might recommend hospitalization, while another would not—nearly doubled the risk of death by suicide or overdose. It also nearly doubled the likelihood of that person later being charged with a violent crime, perhaps because such institutionalization disrupted employment, subjecting people to still more dire economic circumstances. (Again, don’t ask why the addiction, ask why the pain.) Even a recent essay in the New York Times advocating forced treatment conceded that it must be well funded and thoughtfully carried out—conditions that are virtually certain to be unmet in the current climate.
In other words, evidence suggests that rounding up masses of unwell people and institutionalizing them will do anything but benefit public safety, while endangering the individuals who are locked up. On-the-ground data also indicates that, even before US President Donald Trump focused on that tactic, such commitment was unequally applied, with Black and Hispanic people more likely than White people to be institutionalized against their will.
“We’re not operating with an optimal treatment system, mandatory or voluntary,” according to Regina LaBelle, director of the Center on Addiction Policy at Georgetown University and the former acting director of the White House Office of National Drug Control Policy. “We’re starting from a really bad system. And so pushing people into a really bad system will end really badly.”
In response to the president’s executive order, the American Bar Association published a statement saying that it raises grave constitutional and civil rights issues and “paves the way for arbitrary and prolonged detention.”
A response to the president’s executive order, published in the Psychiatric Times, a journal for psychiatry professionals, noted that it “invokes fear of people with psychiatric illnesses, talks of indiscriminate incarceration of people who have not committed a crime, as well as collection and sharing of sensitive health information with law enforcement, and yet proposes no actual solutions.”
Unfortunately, the president and his crew undoubtedly do regard the involuntary commitment of unhoused people as an “actual solution.” Indeed, many people who have homes or apartments feel unhappy at the sight of human beings living on the streets of their neighborhood and want something done about it. But the underlying problem isn’t that people live on the street or use substances in public in order to tolerate despair. As Helen Leung put it, “When someone loses their housing, it’s not because they need to be institutionalized—it’s because we’ve allowed housing to become a commodity instead of a human right.”
“What works best is making sure that we have affordable housing for people,” says LaBelle. New research out of Philadelphia, for instance, found that a program of cash assistance for housing costs more than halved the odds of participants becoming homeless.
But our prevailing housing system—in which the purpose is less to provide shelter than to generate profits for those who own real estate—has resulted in rents or costs that are beyond reach for increasing numbers of Americans. And as if such a state of affairs weren’t bad enough, President Trump now plans to make “alternative” investment assets, including real estate, available to anyone with a 401(k). If he succeeds in doing so, far more people will compete to own real estate for the purposes of turning a profit, which will undoubtedly raise real estate prices yet more, driving rents higher still.
Notably, his July 24 executive order provides law enforcement with the vague instruction to institutionalize people who “cannot care for themselves,” which could result in a kind of real estate roulette. In essence, those who lack the cash to pay for housing at market rates—no matter how high those rates rise—could be deemed unable to care for themselves, and therefore would become eligible to be rounded up and taken… where?
On one matter there is widespread agreement: There’s already a distinct shortage of mental health services, especially for those who can’t pay for them.
“Our current system does not provide for long-term institutionalization,” noted the Psychiatric Times in its response to the president’s executive order, which itself does nothing to expand the inpatient capacity of treatment facilities or increase funding for mental health services. The administration actually slashed funding for such programs this spring and has approved cuts to Medicaid, a program that currently funds 24% of all mental-health and substance-use care in the United States.
It’s easy to blame Trump, but far harder to engage in self-reflection: How have I participated in the dehumanization of unhoused people or those who use drugs?
So where will people be taken? Health and Human Services Secretary Robert F. Kennedy Jr. has proposed rural camps for addiction recovery, but that (controversial) policy would require substantial new funding, rather than cuts, to healthcare. The president and Congress do seem to have an appetite for increasing funding for military and enforcement programs. The hastily constructed immigration detention facility in Florida known as “Alligator Alcatraz” offers a nightmarish example of how this administration pursues the development of new carceral space.
Already, immigrants are being rounded up and institutionalized, a practice likely to be expanded to still more of our neighbors. While all of this may feel unprecedented, it’s all too precedented. This nation has a long history of institutionalizing people who have not committed a crime, including Indigenous people and those with mental health struggles. It’s easy to blame Trump for all that’s now happening, and he certainly bears enormous responsibility, but he’s not responsible for everything.
He is not, for example, responsible for the longstanding and pervasive stigma attached to people who are unhoused or mentally unwell or both, which has pushed all too many of us in the wealthiest nation on Earth to live in isolation and poverty and even to perish. It’s easy to blame Trump, but far harder to engage in self-reflection: How have I participated in the dehumanization of unhoused people or those who use drugs? Do I have the capacity to recognize the humanity in everyone without exception?
Perhaps it seems that acknowledging the humanity of those who have so long been dehumanized is far too little and too subtle to make a difference now. And it’s true that we need much more than that, including strong collective action to create housing that people can afford and that’s accessible to those who have experienced addiction and criminalization. But it’s also true that nonjudgmental support from peers makes a difference in the lives of those who are struggling, raising the odds that they may heal and go on to live fruitful and connected lives.
In the past half-year of Donald Trump’s second term as president, raids by masked US Immigration and Customs Enforcement (ICE) agents have become a fixture of American life. ICE now operates in the shadows—and that’s how stigma works, too. Stigma toward people who use drugs or who live without homes is a corrosive force that makes it acceptable to withhold compassion, care, and connection from certain of our neighbors. But unlike forces equipped with military-grade tactical gear, stigma can be overcome by any individual who chooses to witness and affirm the humanity of all our neighbors. And in our present American world, doing so is surely a revolutionary act.