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"We are in the midst of a constitutional crisis right now," said one legal expert. "We never have seen anything like this."
The Trump administration's defiance of court orders that threaten to hamper the president and unelected billionaire Elon Musk's assault on federal agencies and basic rights has legal experts and other observers warning of a perilous new phase in the United States' rolling constitutional crisis.
On Monday, the Revolving Door Project (RDP) launched an effort to track the Trump administration's refusal to comply with orders from the federal judiciary and detail the impact that obstinance is having across the country.
The watchdog group pointed to several specific examples, including the Environmental Protection Agency's refusal to "disperse already-awarded grants funded by the Inflation Reduction Act, in apparent defiance of" federal judges' orders against the Trump administration's sweeping funding freeze.
"NOTHING is more important than civil society pressuring judges to have a spine in the face of Musk and Trump's intransigence," Jeff Hauser, RDP's executive director, wrote on social media late Monday. "Judicial orders must be enforced!"
Journalists Judd Legum and Noel Sims highlighted another example on Tuesday, noting that the administration is "prohibiting National Institutes of Health (NIH) staff from issuing virtually all grant funding" despite two federal court injunctions against the freeze.
David Super, a professor at Georgetown University Law Center, told Legum and Sims that the Trump administration is "in contempt of court," calling the continued freeze on NIH grants "completely unlawful."
"The administration cannot choose which law it will follow or ignore. These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent."
Super is among a growing number of legal experts sounding the alarm about the nation's descent into a full-blown constitutional emergency.
"We are in the midst of a constitutional crisis right now," Erwin Chemerinsky, a constitutional law expert and dean of the University of California, Berkeley School of Law, toldThe New York Times late last week. "There have been so many unconstitutional and illegal actions in the first 18 days of the Trump presidency. We never have seen anything like this."
"Systematic unconstitutional and illegal acts create a constitutional crisis," Chemerinsky added.
Both President Donald Trump and Vice President JD Vance have levied criticism at the federal judiciary in recent days as it has put up roadblocks that have hindered the new administration's ability to lawlessly impose its will.
"Certain activists and highly political judges want us to slow down, or stop," Trump wrote in a social media post early Tuesday, just days after Musk floated allowing "elected bodies" to terminate "the worst 1% of appointed judges."
Federal courts have proven a significant obstacle to the Musk-led Department of Government Efficiency( DOGE), whose efforts to take over critical systems and seize highly sensitive data have sparked high-stakes legal battles.
In a statement on Monday, American Bar Association (ABA) president William Bay noted that "in the last 21 days, more than a dozen lawsuits have been filed alleging that the administration's actions violate the rule of law and are contrary to the Constitution or laws of the United States."
"The administration cannot choose which law it will follow or ignore," said Bay. "These are not partisan or political issues. These are rule of law and process issues. We cannot afford to remain silent. We must stand up for the values we hold dear. The ABA will do its part and act to protect the rule of law."
"We urge every attorney to join us and insist that our government, a government of the people, follow the law," he added. "It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less."
"We have one simple message," said another lawmaker: "Keep your hands off."
Amid fears that U.S. President Donald Trump's government-gutting billionaire adviser, Elon Musk, will target Social Security, elected officials, advocates, workers, and beneficiaries of the federal program for seniors and people with disabilities held a Monday rally in Maryland.
"We have one simple message, which is: Elon Musk, keep your hands off of our Social Security!" declared U.S. Sen. Chris Van Hollen (D-Md.). He took aim at not only the chair of Trump's Department of Government Efficiency but also his "DOGE crew," warning of Musk and his minions "conducting illegal raids on federal agencies" in what other critics have called a "hostile corporate takeover of American democracy."
The senator pointed out that "they have accessed highly sensitive personal information on Americans at the Department of Treasury, including Social Security numbers, bank accounts, and other very sensitive information," and "worked to shut down a number of federal agencies," including the U.S. Agency for International Development and Consumer Financial Protection Bureau.
He also highlighted DOGE attacks on the U.S. Department of Education and National Oceanic and Atmospheric Administration, and reporting that "their next stop" is the Social Security Administration (SSA).
The rally at SSA headquarters was organized after Semaforreported Thursday that the agency "is an upcoming focus" of the Musk-led panel. As the outlet put it: "DOGE's interest in trying to root out fraud in Medicare and Medicaid, and perhaps soon in cutting at the Social Security Administration, suggests that government programs once seen as untouchable may be on the table."
Reporting on the rally, Newsweeknoted that "Trump has pushed back on the narrative that the popular benefits will be slashed, saying when asked if there are limits on what Musk can examine, 'Social Security will not be touched, it will only be strengthened.'"
"Trump has not made any official cuts to Social Security since taking office," the outlet added, "but amid his administration's attempted overhaul of government agencies and spending, the Social Security Administration could face personnel losses in terms of layoffs or administrative funding without cuts directly to Social Security payments."
Further fueling fears of DOGE-led attacks, Musk wrote on his social media platform X earlier Tuesday: "At this point, I am 100% certain that the magnitude of the fraud in federal entitlements (Social Security, Medicare, Medicaid, Welfare, Disability, etc) exceeds the combined sum of every private scam you've ever heard by FAR. It's not even close."
To this message, Congressional Progressive Caucus Chair Greg Casar (D-Texas), fired back: "At this point I'm 100% certain that Elon Musk is looking for an excuse to cut Social Security, Medicare, and Medicaid to pay for tax cuts for billionaires. Fire Elon Musk."
In response to Semafor's reporting last week, Social Security Works, an advocacy group, warned that Trump was "empowering Elon Musk to play Russian roulette with our earned benefits."
The organization's communications director, Linda Benesch, told Common Dreams that "the Social Security Administration is already understaffed and underresourced. Musk and his gang of teenagers want to make this crisis worse, and make it harder for Americans to get the benefits they've earned."
"They may also intentionally or unintentionally break the technology SSA uses to calculate benefits," Benesch added. "We suggest that everyone go to SSA.gov and download a copy of their Social Security statement right away so that there's a record of what they've earned."
Speakers at the Monday rally slammed Trump and Musk's attempts to purge the federal workforce. U.S. Sen. Angela Alsobrooks (D-Md.) said that "we are standing in front of a building that represents thousands of Marylanders who have been coming to work in this building—civil servants for over 60 years now who have been coming to this building, doing the essential work of processing Social Security checks for nearly 72 million Americans."
"When we think about the servants who stand in this building and buildings all across our country, these are men and women who come to work every day—and these are not Democratic jobs or Republican jobs, these are American jobs," she continued. "It is also the case that those who have served in this building do so no matter who the president is. Many of them have served for decades, under Republican presidents, under Democratic presidents—again, because they serve the people."
"When you target civil servants, you also target the people they serve," Alsobrooks stressed. "They serve our grandmothers, our grandfathers, our mothers and fathers—like mine—our friends, our neighbors, and family members with disabilities who rely on Social Security."
"The richest man in the world wants to shut down an agency that keeps people like him from ripping off the rest of us."
Defenders of a Consumer Financial Protection Bureau that has returned tens of billions of dollars to duped and defrauded U.S. consumers expressed outrage overnight and into Saturday after the independent agency was declared deceased by billionaire Elon Musk and its operations were handed over to the chief architect of the far-right Project 2025 Russell Vought.
Vought, who earlier this week was confirmed as head of the Office of Management and Budget by Senate Republicans, was named acting director of the CFPB by President Donald Trump, according to various reports.
The appointment of the far-right ideologue came less than a day after reports emerged that members of the Musk-led Department of Government Efficiency( DOGE) were granted access to key CFPB systems and Musk himself posted to his online social media X that the agency should "RIP," suggesting it was in the process of being dismantled or, in his mind, already killed.
"Since its creation, the Bureau has returned $21 billion to people's wallets by fighting against illegal financial charges, junk fees, debts, and fraud," said Mike Calhoun, president of the nonpartisan Center for Responsible Lending, in a statement on Saturday. Now, when people are already struggling to pay higher prices for necessities like eggs and milk, the Trump administration appears to have decided to deepen the pain by directly taking aim at the agency that helps keep our money safe."
"When people are already struggling to pay higher prices for necessities like eggs and milk, the Trump administration appears to have decided to deepen the pain by directly taking aim at the agency that helps keep our money safe."
"'Let them eat debt' is not a strategy for making America great again," Calhoun added, "and weakening the CFPB certainly isn't the way to keep working families, our financial markets, or our economy strong."
Stacy Mitchell, co-director of the Institute for Local Self-Reliance, which challenges corporate encroachment on the common good, said, "Obviously this isn't about 'efficiency.' It's about dismantling law enforcement that protects Americans from corporate power."
Congressional Democrats also reacted with contempt to Musk's message and the news that the agency's systems—like those of other agencies DOGE has put its hands on—were under threat.
"Here is the richest man in the world bragging about eliminating an agency that has delivered $21 billion back to working-class families since its inception," said Democrats on the House Committee on Financial Services, led by Ranking Member Maxine Waters of California. "Even most Republicans want the CFPB to continue protecting them from being ripped off by abusive big banks and predatory lenders."
"Here are the FACTS: 81% of voters, both Republicans and Democrats, support the CFPB and want the agency to continue its work," said Rep. Juan Vargas (D-Calif.), also a member of the committee. "Even so, Trump has moved to freeze the CFPB to take money out of YOUR pocket to line those of his billionaire friends."
In a letter sent to the CFPB on Friday—addressed to the previous acting director, Treasury Secretary Scott Bessent, whose first act of business was reportedly to order a halt of "all meaningful work"—Waters, Vargas, and 79 other Democratic members of the House said they were "deeply alarmed and troubled that you appear to be launching the Trump Administration's plan to contravene the will of Congress and unlawfully 'delete' this popular consumer watchdog that enjoys the broad bipartisan support of four out of five Americans."
According to the letter:
... we understand that you have ordered staff to halt all meaningful work of the CFPB, including ordering staff to stop investigating violations of consumer financial protection laws or settling enforcement actions, basically letting bad actors off the hook. We also understand that you have arbitrarily ordered the suspension of all CFPB rules that have yet to take effect, which would delay billions of dollars in savings and credit opportunities for consumers, if not rob them entirely.
We urge you to immediately rescind what appears to be an illegal stop work order and allow the public servants at the CFPB to get back to work for the American people as required by law.
As of this writing, the CFPB's homepage (www.consumerfinance.gov) prominently displayed a 404 error message, though portions of the site appeared to be active.
In a Saturday statement, the Democrats on the House Finance Committee said the 404 image on the CFPB website was intentionally "deceptive," calling it "a brazen attempt to fool consumers and the public about the status" of the agency.
"As of this moment, links and pages are still up and functional on the website," the statement said, "including the Consumer Complaint portal and database and Home Mortgage Disclosure Act (HMDA) database. Various aspects of the CFPB's web content is required by statute to be published and available on the CFPB's website."
"Let's be clear: the people cheering this the loudest are scammers and people who don't want you to keep your hard-earned dollars. So much for lowering costs."
Nadine Chabrier, counsel at the Center for Responsible Lending, said the "deeply troubling" developments at the agency will "undermine the CFPB's mission to protect consumers from financial misconduct" of various kinds.
"CFPB has returned more than $20,000,000,000 to consumers since it was founded," said Rep. Gabe Amo (D-R.I.) on Friday evening in response to Musk's tweet. "Let's be clear: the people cheering this the loudest are scammers and people who don't want you to keep your hard-earned dollars. So much for lowering costs."