Dear Muneer,
The Supreme Court has concluded yet another term in which neither constitutional principles nor long-held precedents seemed to interfere with the majority’s efforts to reach their desired outcomes. Even the birthright citizenship decision managed to contort itself into a meager victory for the Constitution.
Instead of the 9-0 decision that any basic reading of the law and the Constitution would warrant, four Justices – all self-described “originalists” – refused to say that the Constitution means what the words say. We may have felt relief when the decision was released, but there should be no victory parties for this ruling. Instead, we feel only profound disappointment in a Court that routinely tramples on the thoughtful work of the lower federal courts that are trying desperately to protect the Constitution and the rule of law.
LDAD continues to respond to this administration’s swift implementation of Project 2025’s autocratic legal playbook, and the Supreme Court’s embrace of its goal: to create an all-powerful executive branch.
Recently, The Fulcrum has published several important articles from LDAD volunteers. For example, LDAD board member Walter H. White, Jr. explained how the administration’s systematic firing of subject matter experts at the highest levels of our government has severely undermined the country’s standing in the world: I Alone Can (Fix) Destroy It.
In The Ku Klux Klan Returns to Power, Walter described the significant damage caused by the Department of Justice’s meritless lawsuit designed to harass and intimidate the Southern Poverty Law Center, an organization devoted to monitoring white supremacist organizations and exposing hate and extremism.
LDAD volunteers James B. Kobak Jr. and James Saranteas both offered cogent takes on the disgraceful slush fund and expansive immunity relief that Acting Attorney General Todd Blanche sought to bestow upon the President to “settle” a completely meritless lawsuit. Please see:
Trump’s 1776 Slush Fund Shows a New Level of Executive Abuse
While Trump Slush Fund for Convicted Criminals Could Die, It’s Another Example of Trump Tyranny
Retired New York State Supreme Court Justice and LDAD volunteer Barbara Jaffe raised concerns about the increasing inability of presidential nominees to answer simple questions during confirmation hearings. In Judicial Independence Over Judicial Sycophancy, Justice Jaffe wrote that the refusal of recent federal court nominees to identify who won the 2020 election reflects a lack of candor and raises questions about the nominees’ judicial independence and neutrality.
From all of us at LDAD, we wish you a safe and peaceful July 4th. May it be a time for all of us to reflect on the meaning of the Declaration of Independence, signed 250 years ago. LDAD will have much more to share about this anniversary in the coming weeks.
Thank you,
Lawyers Defending American Democracy
LDAD continues to work every day of the week to protect democracy, the rule of law, and the Constitution. Please help us protect the rule of law and the freedoms we hold dear by volunteering for our Meeting the Moment initiative and donating to our work.
