Matt Davies
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Disrupting "business as usual"
April 1, 2025
Robert B. Hubbell
We have many positive developments to discuss, but I want to start with a weekly reminder:
Virtually all of the cuts and layoffs imposed through Doge violate the Constitution and federal law. We must not normalize them by simply saying, “Doge ordered 10,000 cuts in XYZ Agency.” Rather, we must say, “In violation of the Constitution, the Impoundment Control Act of 1974 and congressional appropriations, Doge and Trump illegally terminated / cut etc.” Or some shorter variation of that statement.
If Congress were a functioning constitutional entity, Trump would have been impeached, convicted, and removed from office by today, April 1, 2025. The only reason that Trump is able to continue his unlawful rampage is because congressional Republicans are cowards and collaborators who refuse to hold him to account for his violation of the Constitution.
This is not normal, legal, or constitutional. Don’t allow the extraordinary assault on the Constitution to become “business as usual.” It is not.
As I write on Monday evening, Senator Cory Booker is conducting a one-person filibuster, holding the Senate floor as long as he is able. The point of Senator Booker’s disruption is to remind us that we cannot act as if a rolling coup is “business as usual.”
In our own way, each of must disrupt “business as usual” in order to save the rule of law.
So much losing for Trump—and, sadly, for the American people.
In a moment, I will review Trump's legal losses, which continue to mount by the hour. But it is important to recognize that Trump's legal losses are occurring in a domestic dumpster fire of self-inflicted pain and misery because of Trump's obsession with tariffs. Sadly, every American will share in the pain inflicted by Trump's lunatic economic policies.
The stock markets have had their worst quarter in three years. The last time this happened was when the combined effects of post-pandemic inflation and oil disruptions caused by Russia’s invasion of Ukraine battered the markets. See WSJ, U.S. Stocks Post Worst Quarter Since 2022 on Threat of Trade War.
Indeed, Trump's erratic tariff proclamations are making the European stock markets look like a safer alternative to the US stock market. Per the WSJ article,
“For the first time in a while, you can have a conversation about: Might European equities be the best place to be for the next two or three years?” said John Porter, chief investment officer at Newton Investment Management, which has been buying European stocks in many of its strategies in recent months. “You can have that conversation for reasons other than they’re cheap.”
In a truly breathtaking development, two US allies and major trading partners—Japan and South Korea—are coordinating with China on an economic response to Trump's Tariffs. See Business Times, China, Japan, South Korea Agree on Joint Response to U.S. Tariffs, Eye New Regional Trade Pact.
Trump is literally driving our allies into the welcoming embrace of our enemies!
And lest you accuse me of focusing on issues that most Americans do not care about, they are paying attention to the economy. Consumer confidence in the economy hit a twelve-year low—as in a “twelve year low”—in March. See CNBC, (3/25/2025) Consumer confidence in where the economy is headed hits 12-year low.
Per CNBC,
[T]he measure for future expectations told an even darker story, with the index tumbling 9.6 points to 65.2, the lowest reading in 12 years and well below the 80 level that is considered a signal for a recession ahead. The index measures respondents’ outlook for income, business and job prospects.
There is no joy or satisfaction in reporting on Trump's damage to the economy. But we should take confidence from the fact that political gravity still exists and that Trump will pay a heavy price for his unlawful rampage. The anger and anxiety you feel burning in your chest is shared by tens of millions of Americans—or more. Trump is sowing the seeds of his own political demise and the destruction of the GOP as a political party.
Legal landscape
The legal community continues to push back against the Vichy-style surrender by Paul Weiss and Skadden Arps. (Say their names to shame them until they realize that the cost of complicity is greater than the price of courage.).
A group of Georgetown Law students withdrew from a Skadden Arps-sponsored event hosted in its DC office to recruit students interested in energy law. See Above the Law, Georgetown Law Student Group Calls Skadden Cowards, Opts Out Of Recruitment Event.
Ouch! It has to hurt when a group of students looking for jobs at firms like Skadden can demonstrate more courage and dedication to the rule of law than one of the most powerful law firms in the US.
Charlie Sykes has penned an essay on his Substack blog that lets us know how he really feels about Skadden Arps and Paul Weiss. Sykes writes like Molly Ivins and swears like Lyndon Johnson, so don’t read his essay on your computer screen while at work. See Charlie Sykes, To the Contrary, The Quislings and Cowards of Big Law. (Note: Charlie uses strong language that might offend some readers.)
If you can’t quite find the words to capture your contempt for Paul Weiss and Skadden Arps, let Charlie Sykes do it for you. He writes of Skadden,
Actually, no “strong-arming,” was required at all, was it? You folded like a limp dish rag. You didn’t wait for an executive order. You didn’t join with your fellow lawyers at Jenner & Block, Perkins Coie, or WilmerHale in fighting back. You didn’t stand on any principle. You embraced your ignominy with enthusiasm. You pathetic Vichy flunkies. You tell your clients that you provide fearless advocacy, but in the pinch, you scattered like bloated, terrified rats, too afraid to litigate or fight, even when it was obvious you would win.
I digress, but I confess to vicarious pleasure in allowing Charlie Sykes to say things that I would not include in my PG-13 newsletter.
Trump administration continues to suffer setbacks in court.
US District Judge Edward Chen in San Francisco blocked Trump's plan to end temporary protected status for 350,000 Venezuelans in the US. See AP News, Judge pauses Trump administration plans to end temporary legal protections for Venezuelans. (“Temporary Protected Status was set to expire April 7 after Homeland Security Secretary Kristi Noem reversed protections granted by the Biden administration.”)
A three-judge panel of the Ninth Circuit Court of Appeal refused to stay an order by US District Judge Settle that blocks implementation of the ban on transgender people in the military. That was a confusing sentence. The effect of the Ninth Circuit ruling is that transgender people can remain in the military—for now. See Reuters, Appeals court won't delay block on US military's transgender ban.
In a state law action, a federal judge blocked the implementation of an Alabama law that seeks to prosecute people who help Alabama residents obtain abortions outside of the state. See Chris Geidner in Law Dork (Substack), Breaking: Fed court rules Alabama AG's threatened abortion-fund prosecutions unconstitutional
New lawsuits challenging Trump executive order on elections
A broad coalition of Democrats has sued the Trump administration to block his executive order that purports to regulate how states run federal elections. See NYTimes, Democrats Sue to Block Elections Order They Call Unconstitutional. (Accessible to all.)
Per the NYTimes (whose headline deserves an award in the category of “Most Gutless Reporting in the Both-Sider Category of Cowardice):
The 70-page lawsuit, filed in Federal District Court in Washington, D.C., accuses the president of vastly ovCdenialism, nowhere does it (nor could it) identify any legal authority he possesses to impose such sweeping changes upon how Americans vote,” the lawsuit says. “The reason why is clear: The president possesses no such authority.”
The lawsuit was filed by the Elias Law Group on behalf of the DNC, DSCC, DCCC, Chuck Schumer, and Hakeem Jeffries (among others). See Democracy Docket, Democrats Sue to Block Trump Bid to Control Elections.
A second lawsuit was filed by League Of United Latin American Citizens (LULAC) and others that raises many of the same issues. The complaint was filed by Norm Eisen of the State Democracy Defenders Fund.
The LULAC Complaint is here: LULAC v. Office of the President. I recommend reading the first few paragraphs to get a flavor of the constitutional issues being challenged in the lawsuit.
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