12| Why the courts are not enough

A hidden budget provision & librarians strike back.

May 25, 2025

The first hundred days of Trump’s presidency seemed to stretch time itself, a masterclass in strategic disorientation. It wasn’t just fast; it was frenetic by design. Every headline, every executive order, every press briefing was a calculated act of velocity, meant to outpace deliberation, to leave no time for reflection or resistance. Steve Bannon named it plainly before the inauguration: muzzle velocity, flood the zone, break the system before the system can respond.

But velocity is not permanence. And even inertia wears thin.

We are beginning to witness the slow turning of institutional gears: courts reasserting constraint, organizers holding the line, and ordinary people shaking off post-election fatigue to reclaim their political voice. The myth of Trump’s inevitability is fracturing, not all at once, but unmistakably so. His numbers are slipping. The mask of invincibility has begun to crack.

And yet, vigilance must remain our throughline, not as posture, but as practiced commitment.

People are still being disappeared. The press remains under siege. The architecture of civil liberty continues to weather sustained assault.

This moment calls for clarity, not just about what’s changing, but what’s still at risk; a sober accounting of what remains under threat. The work is far from over. But something is moving.

—Stacey

1️⃣ 200+ 👩‍⚖️⚖

That’s how many lawsuits are currently pending against the Trump Administration. (By the time you read this, it will likely have grown.) These are from state attorneys general, nonprofits, universities, and more. At least 170 rulings have come out slowing down attacks on due process, government workers, birthright citizenship, and immigration — including the Supreme Court blocking Trump’s use of the Alien Enemies Act to deport people.

This is an example of where the opposition has been able to mobilize effectively via the courtroom. It’s important work and a needed line of defense as MAGA went on a full sprint in Trump’s first 100 days to dismantle basic civil liberties.

These are wins worth celebrating.

They’re also not enough.

Over the last 75 years, the justice system has become one of our best lines of defense as the left became incredibly adept at litigation, winning everything from desegregation to gay marriage to countless environmental cases. The courts became a formidable force for defending civil rights as well as an invaluable tool for enacting progressive causes. While this work is important and necessary, it is not enough.

The courts alone will not save us. Lawsuits won’t be sufficient for rebuilding democracy or sustaining it long-term. We’ve lost sight of something more critical: electing lawmakers willing to fight.

Congress continues to obfuscate morality and pass along responsibility during this critical moment in history. Too many senators and house reps (in both parties, looking at you, Sen. Susan Collins) are all still too willing to say, “Let the courts take care of it.” All the while, the constitutional power sits in their committee, their chairmanship, their hands.

Congress is Article 1 of the Constitution. It’s meant to represent the people. It’s meant to fight back against the two other co-equal branches of government in our system of checks and balances. Congress should not be a glorified cheer squad for the executive branch.

We need an active Congress, one that does more than send strongly worded emails about how “concerned” they are while asking for money.

We need a restoration of Article One.

2️⃣ Librarians shush Trump 📚🏫

After Trump fired Carla Hayden, the Librarian of Congress appointed by President Obama in 2016, he tried to take control of the institution by sending two loyalists from the Department of Justice to run the library without congressional approval.

But, of course, the librarians had read their civics and history books.

When the two officials showed up, the librarians refused to give them access, citing the institution was under the authority of Congress, not the White House. The librarian of Congress is appointed by the president and confirmed by the Senate. They called the Capitol Police and their legal counsel, who escorted the two DOJ officials to the door.

The standoff was a stunning moment that emphasized the boundaries between the powers of Article One and Article Two (the executive branch) at a time when members of Congress have become all too willing to cede their authority to the White House.

Notably, the officials wanted access to the Copyright Office. (This isn’t about trans kids and DEI; it’s about access to data and power.)

The move by Trump was another flagrant attack on Congress and an authoritarian attempt to take over another public institution. The librarians showed immense courage in refusing to simply allow Trump to gain access to sensitive data, as we saw with Elon and DOGE at various other institutions — including the Social Security Administration and the IRS. (Again, this is about information and data.)

Fun Fact: Hayden was the first professional librarian to hold the job since 1974. She’s also both the first woman and the first African American to hold the post.

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3️⃣ Two Secret Provisions 🤐❌

Republicans in Congress are reacting to Trump’s losses in court by attacking the judicial branch. The GOP budget package passed by the House includes two provisions that would weaken our democracy and the court’s ability to hold the Trump administration accountable.

The first would restrict federal courts from holding government officials in contempt if they violate court orders.

The reconciliation bill would require anyone suing the government to pay a bond before the court can use its contempt power to enforce injunctions or restraining orders meant to halt illegal actions.
By restricting this authority, the House bill threatens the power of the judicial branch. On its own, that represents an attack on the rule of law and the separation of powers that underlies our democracy. But in the context of our current political moment, a more specific goal is unfortunately clear… the House bill seems squarely and unacceptably focused on shielding the Trump administration from accountability when it breaks the law.
— The Campaign Legal Center

Already, the Trump Administration has flaunted court orders to stop deportations, return people to the U.S., and more. This move by Congress would give them protections when breaking those court orders.

The second hidden provision would put a pause on all state and local laws regulating AI. Twenty states have laws on the books to combat election misinformation made by AI. This would override them. It’s a clear attempt to weaken our elections just as Republicans realize they could face significant losses in the Midterms.

It only takes a few Republican defections to stop any bill in Congress. As chaotic and scary as things seem, the margins are thin, and obstruction is possible.

Here’s how to find your senator.

Call them. And find five friends to call theirs.

Jessica Burbank visits The Dispatch Revolution Podcast.

Where to the find the pod: Video: YouTube, Substack | Audio: Apple, Spotify, Substack

Editor’s Note:

A fever of 101 had me watching news from the conclave, the courts, and Congress under blankets on the couch. I also (not gonna lie) went on a 90s-movies binge amid my cough-syrup-induced delirium. The rest was good. It felt even better to get back on my feet and I was grateful for many things. Here’s to health—to yours, your loved ones, and your community. To security and peace of mind. And to the animating force that drives us toward freedom, justice, and creative joy. Yours in Revolution—Álio

“Mockingbirds don’t do one thing but make music for us to enjoy. They don’t eat up people’s gardens, don’t nest in corncribs, they don’t do one thing but sing their hearts out for us. That’s why it’s a sin to kill a mockingbird.”