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If Trump Defies Judges, States Can Defy Him [1]

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Date: 2025-02-10

We've all known for a long time that Trump refuses to acknowledge anyone else's authority, while he asserts absolute authority of his own. But if he orders ICE, or DOGE, or anyone else to act contrary to a federal judge's ruling, then that order is illegal. It has no force. And more importantly, there is no immunity for Trump or the people carrying it out.

He's getting away with murder in DC right now because there is no independent authority to stop him. But that is not the case in the states. They have their own laws, with their own police and courts to enforce them.

It is quite clear that the current administration is winding up to try to defy the federal courts. It is desperately important that the governors of blue states say loudly and very publicly that they will not tolerate any such lawlessness, and if federal officials violate state law while defying a court order, they will be arrested, charged, and if found guilty, punished.

For example, if a federal judge tells ICE they can't carry out some sort of a raid (say, taking sick people out pf a hospital), but they do it anyway (presumably on Trump's orders), then they are not federal officers, but armed vigilantes. If they take the patient away, that's kidnapping.

I think it would be an excellent idea if blue states passed explicit legislation to codify this. It would be even better if they added defying a federal court order as an aggravating circumstance that would increase the penalties for crimes committed. I would highly recommend calling emergency sessions of state legislatures, if necessary, to enact this.

MAGA will scream that states can't do this, but the only thing they could do is challenge it in court. I don't think the federal courts are likely to rule that Trump can tell them to fuck off whenever he wants and then do whatever he wants.

Trump is trying to install loyalists at every level who will break the law for him and make him a king. Red states will let him do whatever he wants. But he's focused his lawlessness on blue states because he needs the support of red states, and the things he wants to do will hurt them. But as soon as he violates a federal court order, blue states can tell him to take a flying fuck at the mooooooooooooon, and they must.

If we do this, then the ONLY way left for Trump to get the control he so desperately wants is at the point of a gun. But he will need MUCH more control over federal law enforcement and the military before he could even attempt such a thing. So we need to stop him now.

A few points:

1. Yes, I know some federal courts are likely to give Trump as much leeway as possible. But others won't. And even though I have no doubt that Roberts and Barrett are willing to go along with many awful, awful things, I'm confident they won't let Trump render the courts meaningless.

2. There are almost certainly details of the law I've gotten wrong here, but overall, I'm pretty sure I'm right and that the strategy is sound.

3. We need to assert this early, because there is a 100% likelihood that Trump will try to declare some sort of emergency ahead of 2028 (and possibly 2026) to call off the election. Starting this now will bolster the case of blue states that he can't do that. If blue states ignore Trump and go ahead with their elections, it will be difficult for red states to call off theirs (which they otherwise probably would) because they won't want to lose out on congressional and senate seats.

Trump has plenty of support for lashing out at everything "woke," but he does not have the support to take over enough of the government that he can assume absolute power. Not yet. But he's trying to establish it. If we refuse to recognize any of his unlawful power grabs, we can stop him.

He will do great damage over the next four years. But if we do this, then in 2029, America will still be America.

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