Donald Trump has made an unprecedented attack on a federal judge, calling him a “so-called judge” and blaming him and the court system “if something happens.” The Bush appointee, James Robart of Seattle, suspended Trump’s immigration executive order on the grounds that it is unconstitutional and places an undue burden on the state of Washington and on its 25,000 residents from the 7 countries that it singled out; moreover, the judge held his ruling applied nationwide. The government appealed the decision, but the US appeals court denied its request for a reinstatement of the ban without further legal argument.
Trump’s anger reflects the significance of this decision, which asserts the responsibility of the government to the public and the constitution, not the executive. Juan Cole described the ruling as “incredible” and “tremendous.” “Robart stood up for the residents of Washington state who were unconstitutionally deprived of basic rights by the [executive order]. He also stood up for the economy of Washington state and its ‘tax base,’ playing turnabout with Trump by arguing that what he did is bad for the economy! … Robart is saying that residents of a state in the US have rights that the president cannot simply erase by fiat. He is further saying that institutions of the state itself, including universities, have a right to pursue their work unmolested by discriminatory policies.”
Constitutional lawyer Marci Hamilton described the conflict as “an epic confrontation between the presidency and the constitution,” while the attorney general of Washington state, Bob Ferguson, told reporters: “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately – shuts it down.”
The extremism of Trump’s executive orders has activated the Democratic base with a speed that has taken its own representatives by surprise. Chuck Schumer, the minority leader in the Senate, faced protesters outside his own home in Brooklyn who cheered and jeered as they held signs with slogans like “Buck Up Chuck”; “Resisting Trump Is Your Primary Duty”; and “Filibuster Filibuster Filibuster.” Gothamist reported: “Patrick Youngkin, a member of CWA Local 1102 and a former Marine, shouted gleefully, bringing the crowd to a fury. ‘I fought for the right to protest, I fought for the right to assemble, and hold elected officials accountable,’ he said. ‘Senator Schumer, your constituents, we’re going to take this fight to the street. But it’s your duty as Senate minority leader to take this fight to the floor’.”
The country is divided between those who believe that Trump is acting to keep them safe and those who are vigorously resisting him. The number of voters who support impeaching him has risen to 40 percent. But what will seriously undermine his presidency is the Republican effort to repeal the Affordable Care Act with no viable replacement. Legislators say they are inundated with requests for town hall meetings to discuss the issue: the Richmond Times-Dispatch reported that tea-party darling David Brat complained that he has been hounded by female constituents opposed to the repeal of the ACA. “Since Obamacare and these issues have come up, the women are in my grill no matter where I go,” he said. “They come up – ‘When is your next town hall?’ And believe me, it’s not to give positive input.”
In Roseville, California, police had to escort a Republican congressman from a meeting with his constituents. According to the Sacramento Bee, “facing a packed auditorium and raucous crowd, Republican Rep. Tom McClintock on Saturday defended his party’s national agenda and voiced strong support for President Donald Trump’s controversial executive actions to scale back Obamacare, ban visitors from seven predominantly Muslim countries and build a wall along the U.S.-Mexico border. ‘Vote him out,’ hundreds of demonstrators chanted outside the Tower Theatre in downtown Roseville, the Republican-heavy population center of McClintock’s sprawling congressional district. … Attendees, some carrying signs that read ‘Resist,’ ‘Dump Tom McTrump’ and ‘Climate change is real,’ pressed McClintock to denounce Republican plans to repeal the Affordable Care Act, acknowledge the science supporting the human causes of climate change, and oppose Trump’s executive order temporarily restricting refugee admissions to the U.S.”
Trump won’t succeed in creating the kind of working class jobs he promised during the election campaign for industries that are already failing. His populism is fake: the true basis of his support within the ruling elite is from aggressive financial operators like Goldman Sachs, heavily represented in his cabinet. Yves Smith says that while many business professionals are upset with Trump’s win, “the ideology that he represents is very much in line with the logic of corporate raiders, many of whom, like him, went to Wharton Business School. And many elite professionals, in particular lawyers and consultants, profited handsomely from the adoption of the buccaneer capitalist view of the world and actively enabled much of its questionable thinking and conduct.”
Trump had little to say on the campaign trail about wages or job protections, despite posing as a champion of American workers. “Make America Great Again” really meant conflating workers’ interests with those of American billionaires. What is characteristic of his presidency is his plan for a new executive order to scale back the 2010 Dodd-Frank law, part of a sweeping plan to dismantle much of the regulatory system put in place in the wake of the 2008 banking collapse. “This guy is a fraud,” Bernie Sanders told CNN on Sunday, pointing out that his Cabinet appointments and advisers directly contradict his pledge to take on Wall Street by re-instituting the Glass-Steagall Act, a regulation that separated commercial and investment banks, which was repealed under Bill Clinton.
Josh Marshall comments: “The unifying message of Trumpism is nationalism, and particularly an aggressive, zero-sum nationalism. … That is the focus around which all the actions of these rancorous 13 days come together into a unified whole – aggressive attacks on friends and foes alike, threats of tariffs against non-compliant foreign states, clampdowns on immigration, etc. … Trump is cozying up to the Wall Street barons he campaigned against. He’s about to throw 25 million Americans off their health care. ‘We expect to be cutting a lot out of Dodd-Frank, because frankly I have so many people, friends of mine, that have nice businesses and they can’t borrow money,’ he said again today, while he also talks about vast tax cuts for his wealthy friends and tax increases for many ordinary working and middle class families. This is a perfect evocation of government by the richest, for the richest, by the rich – and from the President’s own lips.”
Not all Trump voters are authoritarian white nationalists. Many voted for him despite their dislike of his crude propaganda because he presented himself as ready to make drastic political changes that would restore their living standards and job security. As Trump attempts to blame Mexicans and immigrants for the failure of his promises, Democratic activists need to turn out to the heartlands and campaign vigorously for a universal healthcare system that all can afford, free education, and stopping bank foreclosures on homes. In other words, a Sanders agenda that focuses on ending wealth inequality, making the billionaires pay their taxes, and that sweeps away the party leadership’s prevarications.