The constitutional crisis is already here – what are we going to do about it?

Trump photo: AP / Design: PW

The fascist danger continues to escalate with Trump’s seeming defiance of U.S. District Judge James Boasberg’s order to delay the deportation of Venezuelan migrants accused of being gang members.

The administration denies ignoring the court order, but its lawyers’ evasiveness in responding to the judge’s repeated requests for details surrounding the flights tells another story. Meanwhile, behind the controversy looms the threat of a constitutional crisis.

With some claiming that the threshold of such a crisis has already been reached and others demurring, it’s clear that forethought and planning went into the administration’s actions. Not only did they consult with their attorneys and the State Department beforehand, but when the prisoners arrived in El Salvador, a film crew was on hand to shoot it live and in color. A PR offensive was then set in motion enlisting right-wing talking heads and social media influencers to promote and defend the action.

In response to Trump and others’ calls for the judge’s impeachment, Chief Justice John Roberts pushed back, arguing that the appellate process provides a remedy – not that Trump will listen to him or anyone else.

The Venezuelan deportations are part of a growing pattern of the administration pushing its agenda beyond legal borders. A few days before the planes took off for El Salvador, Trump ignored another court order and deported a Lebanese doctor, Rasha Alawei. Dr. Alawei is a kidney specialist teaching at Brown University with a valid U.S. visa. Apparently she was refused entry for attending the funeral of a Hezbollah leader while on a visit to her country.

Then there’s the arrest of Columbia student Mahmoud Khalil and the refusal to comply with court orders demanding restoration of billions in foreign aid along with trillions in federal grants and loans.

The administration’s blitzkrieg is many-sided. A shortlist of Trump’s attacks includes the threatening of law firms and banning them from federal buildings; his speech at the DOJ calling for jailing opponents; the firing of federal workers; the gutting of federal agencies by DOGE; the attempts to cut Medicaid, Medicare and Social Security; the whiting out of people of color, women, and LGBTQ folks from federal websites and institutions; and the cutting of federal aid from colleges and universities as a way of attacking DEI. Trump even recently signed an executive order repealing a measure approved by LBJ in the 1960s prohibiting segregation in bathrooms, restaurants, and drinking fountains by federal contractors.

The MAGA offensive is undoubtedly having an impact and dangerously pushing things to the right: Witness the new libertarian bent of the Washington Post ordered by its owner, Jeff Bezos, and the settlement of Trump lawsuits by Disney (ABC) and Meta. Paramount is moving to dismiss its case with Trump after failing to settle. It seems Columbia University and the Paul Weiss law firm have capitulated completely by agreeing to Trump’s demands.

On the other hand, MAGA has encountered some legal setbacks, among them: the court-ordered rehiring of some 24,000 temporary workers who had been improperly furloughed, the reinstatement of Gwynne Wilcox to the NLRB, and the ruling against Musk and DOGE’s handling of the dismantling of USAID. Very important as well is the repeal of the ban on trans people in the military.

So far, the courts have been the last line of defense, and that’s very positive. What happens, however, when you have a compliant Congress and an executive branch that ignores court orders? That’s where we are: in the uncharted territory of a constitutional crisis with no check, no balance, and the government acting outside of the law.

What’s being done domestically has been matched internationally: the green light to the ongoing genocide in Gaza, the courting of the fascist right all over the planet, the expulsion of South Africa’s ambassador, the trade wars, and the ongoing maneuvers in the Ukraine war.

Apparently steps towards a ceasefire in Ukraine may be on the table, but the big question is: What will be the price, and who will pay it?

In this situation, the Democratic Party remains in almost complete disarray, as illustrated by Mr. Shumer’s role in the Senate’s passing of the GOP budget resolution. Clearly it was a tough call, and Shumer had a point in calling attention to the danger: Let’s remember, we’re dealing with a fascist attempting to consolidate power. However, to break the democratic front at the 11th hour, against the advice and wishes of the anti-MAGA coalition, was a huge setback. The country is going to pay for it dearly in cut services and programs and in D.C.’s case a loss in their ability to determine their own budget and self-govern – to say nothing of the huge cuts that will be coming.

Members of Congress, however, led by the Squad and a few others, are beginning to find their voice and fight back. And that’s a far cry from where things stood a few months or even a few weeks ago. AOC, Bernie, and Tim Walz are holding town halls in GOP districts and drawing tens of thousands. There’s rage down below at the DOGE cuts, and it’s coming out in a very public way. That’s new and very important. Everything depends on mass pressure from the broad working-class public and its organizations – the trade unions in the first place. A new fightback moment is dawning.

And most importantly, the people’s movement is rebounding and finding its footing in local demonstrations all over the country. In New York last weekend, a coalition of community organizations and labor organized a several-thousands-strong march and demonstration against the cuts, DOGE, and demanding the release of brother Khalil.

The fightback is still uneven and lacking coordination, but nevertheless it is gaining strength, buoyed by the spontaneous national boycotts and protests organized by Women’s March, 50/51, the demonstrations of scientists more recently and others. And the boycotts against Target and others are having an impact. What’s happened with Tesla recently is a case in point: A spontaneous international boycott has resulted in them losing $565 billion since Inauguration Day.

The labor movement, too, it seems, is beginning to step up its activity. The AFL-CIO is increasing its coordination with state labor councils and rallying to the cause of the federal workers in D.C. and around the country. Postal workers are protesting all over the country. At the same time, there are weaknesses, including the inability of the AFL-CIO to take a position on the GOP budget resolution.

Yes, a new level of struggle is beginning to take shape. It will not only have an impact on recent court decisions but may help shift the balance of forces in Congress and beyond. Let’s remember that the courts can’t do it alone. They have no method of enforcing their decisions. None. That responsibility is in the hands of the people. Hasn’t the time come for the anti-MAGA movement to converge on Washington, D.C.? It couldn’t happen a day too soon.

We hope you appreciated this article. At People’s World, we believe news and information should be free and accessible to all, but we need your help. Our journalism is free of corporate influence and paywalls because we are totally reader-supported. Only you, our readers and supporters, make this possible. If you enjoy reading People’s World and the stories we bring you, please support our work by donating or becoming a monthly sustainer today. Thank you!

---

CONTRIBUTOR

Joe Sims

Joe Sims is co-chair of the Communist Party USA. He is also a senior editor of People's World and loves biking.