WASHINGTON, DC - MARCH 17: The U.S. Supreme Court is shown March 17, 2025 in Washington, DC. The Trump administration defied a federal judge's court order this past weekend in a case related to the deportation of mor... WASHINGTON, DC - MARCH 17: The U.S. Supreme Court is shown March 17, 2025 in Washington, DC. The Trump administration defied a federal judge's court order this past weekend in a case related to the deportation of more than 200 alleged Tren de Aragua gang members to El Salvador under the Alien Enemies Act of 1789. (Photo by Win McNamee/Getty Images) MORE LESS

I’ve made versions of this argument here in the Editors’ Blog and on the podcast many times. But it’s so critical and so beyond dispute I wanted to state it here as clearly as possible. There is no future for civic democracy in this country without reforming the Supreme Court. Putting that more specifically, the only way to recover from Donald Trump’s rapid lunge into an authoritarian American future is a future point at which Democrats regain control of the federal government — a trifecta — and institute a series of laws which cut off the channels Trump has exploited to get us to this point. That doesn’t solve the problem of Trumpism. The core issue is that very large minority of Americans who support his style of autocratic government. But that cuts off many of the paths Trump has used to build a presidential autocracy under the thinnest cover of law. You need, among other things, a federal law to place strict limits on partisan and racial gerrymandering. It’s only one example out of many – you need laws re-instituting true independent agencies, drastically limiting the use of military forces on US territory, barring president’s from claiming budgeting authority, et al. I note this example because it came up today when Kate and I recorded this week’s podcast. But even this comparatively uncontroversial federal statute would certainly be overturned by the Republican justices.

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