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The courts, backed by impacted people, are proving to be a significant check on Trump’s thirst for absolute power.
US President Donald Trump is on a losing streak this week. Just look at the latest judicial decisions challenging his policies, from mass deportations to tariffs to his troop deployments to US cities.
The courts are proving to be a significant check on Trump’s thirst for absolute power.
These cases illustrate the point:
Over Labor Day weekend, Immigration and Customs Enforcement attempted to begin deporting up to 700 unaccompanied Guatemalan children. In the dead of night, the first children were loaded onto planes in south Texas. “These are unaccompanied children who do not have a parent or a guardian with them,” Efrén Olivares, an attorney representing the minors, said on the Democracy Now! news hour.
At 1:00 am on Sunday morning, Olivares and his colleagues filed an emergency complaint with the federal court in Washington, DC. Judge Sparkle Sooknanam was woken after 2:00 am, and by 4:00 am she issued a temporary restraining order blocking the deportations until the children had the immigration hearings to which they have a legal right.
Meanwhile in Texas, the 5th Circuit Court of Appeals, considered the nation’s most conservative, ruled that Trump’s use of the 1798 Alien Enemies Act to deport people was illegal.
The Appeals Court in Washington DC ruled that Trump’s so-called “Liberation Day” tariffs were illegal and unconstitutional, noting that only Congress has the power to impose tariffs. The ruling was “a sweeping decision that unequivocally rebukes President Trump’s idea that he can impose tariffs on American consumers on his own,” Neal Katyal, the attorney who argued the case, said on Democracy Now!
Trump says, “We’re going in,” threatening to invade Chicago using, among other forces, the Texas National Guard.
But in California, a federal judge, invoking the 1878 Posse Comitatus Act that bars the use of military in domestic law enforcement, ruled in favor of Gov. Gavin Newsom, finding Trump’s deployment of the California National Guard to the streets of Los Angeles, along with several hundred US Marines, was illegal. Judge Charles Breyer, the brother of retired US Supreme Court Justice Stephen Breyer, issued an injunction barring the Trump administration from “deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops [from] engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.”
These are just a few of the recent court cases that have rebuked Trump as he attempts to subvert the US Constitution.
We recently got a personal glimpse into what judicial wins over Trump look like. In the high mountain air of Telluride, Colorado, we had a chance to spend time with E. Jean Carroll, the renowned advice columnist and journalist. She was at the Telluride Film Festival for the premier of the new documentary, Ask E. Jean.
Carroll had a long and storied career as the advice columnist for Elle Magazine, and has published several books. In recent years she became known as one of the most prominent women to accuse Donald Trump of sexual abuse, saying he raped her in the dressing room of the Bergdorf Goodman department store in the mid-1990s, in Manhattan.
The courts are playing a central role in opposing the lawless Trump administration, but the core of the resistance are people.
Carroll sued Trump in civil court, and a jury found him guilty of sexually abusing her. Judge Lewis Kaplan wrote, “Trump did in fact ‘rape’ Ms. Carroll as that term commonly is used and understood.” She was awarded a $5 million settlement from Trump. After the verdict, he called her a liar. She then sued for defamation, and won an additional jury award of $83.3 million.
Carroll cut an elegant figure, walking along Telluride’s main avenue with the sweeping Continental Divide as a backdrop. Her film premiered to rave reviews, and, should there remain a film distributor in this country not cowed by threats of lawsuits from Trump, it should be available for viewing by a wide audience. The film highlights the story of one courageous woman refusing to be defined as a victim of Donald Trump, providing inspiration, no doubt, to the hundreds of survivors of Trump’s old friend, the now-dead sexual predator Jeffrey Epstein. Many of them spoke this week outside the US Capitol, demanding the full release of the Epstein files. The Trump administration, which controls the files, is resisting.
Behind each lawsuit are impacted people, whether immigrant children pulled from their beds in the middle of the night and thrown on planes, or people standing up in the streets of LA confronting illegally deployed troops, whether sexual abuse survivors banding together, or federal workers fired en masse.
The courts are playing a central role in opposing the lawless Trump administration, but the core of the resistance are people–people at every level organized in opposition, defending democracy.
"If major media outlets succumb to intimidation from the Trump administration, the First Amendment is in serious danger."
Independent U.S. Sen. Bernie Sanders of Vermont on Monday took aim at both President Donald Trump's attempts at "suing the media into submission" and news outlets' willingness to settle such cases and self-censor as "incredibly dangerous" precedents.
In a video posted on social media, Sanders highlighted that CBS News parent company Paramount is in talks with Trump's lawyers to possibly settle a $10 billion lawsuit filed by the president just days before the 2024 election accusing "60 Minutes" of deceptively editing an interview with Vice President Kamala Harris, the Democratic nominee.
Sanders also noted how ABC News agreed last year to pay a $15 million settlement that included a letter of regret after veteran anchor and political commentator George Stephanopoulos said Trump had been found "liable for rape" of writer E. Jean Carroll. A federal jury in Manhattan found Trump civilly liable for sexual abuse and defamation of Carroll, but not rape—even though Caroll testified in graphic detail that Trump raped her in a department store dressing room in the 1990s.
"I regard that as an incredibly dangerous precedent, both of those, ABC and CBS," Sanders said in the video, denouncing "major media outlets succumbing to pressure from the Trump administration."
"People have a right to express their own point of view," Sanders asserted. "Yeah, networks are wrong all of the time. They're wrong about me, wrong about Trump. But if you use the power of government to intimidate networks, they're not going to do the big stories. They're not going to do the investigations. Why should they go out on a limb and tell you something if they're afraid about being sued by the Trump administration?"
The video also notes Trump's lawsuit against pollster J. Ann Selzer, her polling firm Selzer & Company, The Des Moines Register, and the Iowa newspaper's parent company, Gannett, alleging fraud and "brazen election interference" over a November 2 poll showing Harris beating Trump by 3 points in the 2024 election. Trump won Iowa by 13 points.
"If major media outlets succumb to intimidation from the Trump administration, the First Amendment is in serious danger," Sanders stressed. "We need an independent press that reports the truth without fear of retribution."
Major media outlets have also been accused of self-censorship. Jeff Bezos and Patrick Soon-Shiong, the billionaire owners of The Washington Post and Los Angeles Times, respectively, have come under fire for prohibiting or restricting opinion pieces critical of Trump or supportive of his adversaries.
"If you believe The Washington Post's slogan that 'Democracy Dies in Darkness,' their owner was the first to switch off the light," journalist David Helvarg wrote last month for Common Dreams.
The Nation justice correspondent and columnist Elie Mystal wrote last month that "recent events have shown that Trump does not have to impose a new regime of censorship if the press censors itself first."
"And that, I believe, is what we are witnessing now: a press that gives away its First Amendment rights before Trump takes them away," he continued. "A press that will not speak truth to power if power threatens to kick their owners off a cocktail party list or gum up their operations."
"The debasement of the press will continue until readers and viewers reject the media that would rather lie to them than tell the truth to Trump," Mystal added. "The people who run these publications and news organizations are betting that we won't."
Not only are women and girls getting the message, but so are the men and boys.
As a trauma-informed psychotherapist, for decades I’ve had the privilege of working with countless sexual assault survivors while consulting at a rape crisis center and more recently in my private practice. During Trump’s defamation and sexual assault trial (E. Jean Carroll v. Donald J. Trump), I was contacted by former and current patient-survivors who were understandably shaken by how Carroll was treated. She was disbelieved, her motives were questioned, and she was mocked or ignored.* This is precisely why many survivors never come forward. Such ill-treatment precisely when someone needs support the most compounds the trauma.
In the days since the election, I’ve had a similar spate of texts/calls/sessions with women who are devastated, disoriented, and scared. (All genders can be sexual assault victims. I just happen to have been in touch with women.)
“It’s mindboggling to me that the fact that [Trump] is an adjudicated rapist, all by itself isn’t enough to make voting for him out of the question,” one woman sobbed, as she buried her face in her hands.
“Why in the hell does the media treat a rapist like a “normal” candidate?” asked another.
Still another texted, “I thought this was the #MeToo era. How can this be?”
Deep-rooted sexism is how. Ask E. Jean Carroll. Ask Christine Blasey Ford. Ask Kamala Harris. Ask millions of women. If you’re someone who voted for Trump, regardless of your reason, there’s no escaping the fact that you participated in that sexism. And before you say it: yes, the 53% of white women who voted for Trump are accountable, as well. Sexism isn’t bound by gender. It can be internalized and championed by anyone. (Same with racism, ableism, ageism, homophobia, etc.) It’s not all that uncommon. To be clear, my goal isn’t to shame. But rather, I hope to invite an honest reckoning, just as I do with my patients as I support them on their journeys, and just as I do with myself. And in that reckoning, perhaps, there can come some awareness and a future dialogue.
Make no mistake, this is going to have a chilling effect on survivors to come forward to report sexual assault.
If you don’t see yourself as someone who could be sexist, remember that sexism isn’t always the “grab ‘em by the pussy” variety. Those who voted for Trump told their daughters and sisters and mothers and women friends tacitly, but unmistakably, that they don’t care enough that the president of the United States is an adjudicated rapist not to vote for him. What reason could make it okay to vote for an adjudicated rapist? It seems that would be a deal breaker for folks who respect and want to protect women. Perhaps it never occurred to some that many women will no longer feel psychologically and physically safe knowing a man with so much power over them has paternalistically and threateningly said he’d “protect [us], whether [we] like it or not.” If a patient reported a partner/spouse had a pattern of saying things like that to her, we’d be discussing safety plans and where she was going to stash her “go bag” in case she needed to quickly flee.
Not only are women and girls getting the message, but so are the men and boys. A Trump vote signaled to men and boys that sexual assault isn’t that big of a deal. In just a few short days since Trump was elected, we’ve already seen how emboldened and entitled men and boys have become. The sickening Nick Fuentes post, “Your body, my choice” has gone viral. Men and boys of all ages are repeating it, some as young as grammar school. Those words are the promise of a predator. The philosophy of a rapist.
A vote for Trump has also given the message to sexual assault survivors, specifically, and women who go through life hoping like hell not to become a sexual assault survivor, that being held legally accountable for rape/sexual assault doesn’t really mean all that much, particularly if you’re a rich, white guy. Despite a jury’s findings of liability, you can be unrepentant and take zero responsibility for your actions, mock your victim on an international platform, and then be voted in by millions of people to hold the most powerful position on Earth.
“All hail, the Rapist-in-Chief,” one of my patients said, saluting and trying to joke through her tears.
Make no mistake, this is going to have a chilling effect on survivors to come forward to report sexual assault. It’s going to discourage them from getting the care and support they need. And just as with the undoing of Roe v. Wade, which robs women of bodily autonomy and the right to fully decide their own futures, it demeans and demoralizes all women.
If you’re a sexual assault survivor and a person of color, and/or also in the LGBTQ+ community, or disabled, low income, or unhoused, I don’t have to tell you about the added challenges those intersections bring. And sexual assault survivor or not, all of these communities, and more, will surely be deeply threatened under a second Trump term. As a psychotherapist, I’ve had the privilege of holding space for innumerable women who’ve told stories of violence and deep pain. I know what horrors we can inflict on each other and I’m not naïve about the uncertainty ahead. But I’ve also heard myriad stories of breathtaking resilience and kick-ass strength and triumph. If during these fraught times each of us commits, however we’re able, to meaningfully stand not only with survivors, but all women and girls, as well as marginalized communities, those are the empowering stories we’ll be sharing one day because it will have been the truth we lived.
*During the trial, I wrote about some of the misperceptions people have about how one “should” respond after being sexual assaulted here.
If you’re a survivor and need support and/or resources, call the National Sexual Assault Hotline at 1.800.656.HOPE (4673); or go to www.rainn.org.