How This Inevitably Ends

The Supreme Court Gave Trump the Tools to Destroy It

In the ten days since Donald Trump’s inauguration, he and members of his administration have taken action that is clearly illegal. From executive orders to strip Americans of birthright citizenship to ignoring the Congressional ban on TikTok to freezing most federal spending (maybe rescinded but who knows?), some courts have already laughed him out of the room and many more surely will. The Administration will likely appeal and all these cases will end up before the Supreme Court.

Let’s say for a moment that even this Supreme Court understands the plain language of the Fourteenth Amendment and may decide to remind Trump that it upheld the law banning TikTok. It may take the Congressional Budget and Impoundment Control Act of 1974 seriously and tell Trump that Congress, rather than the president, controls the power of the purse — although with this court, it’s anyone’s guess whether the law trumps the personal views of its radical right-wing majority.

But here’s the rub: the Supreme Court has effectively given Trump carte blanche to ignore the rule of law, even if it were to stand up for it. In Trump v United States, it ruled that a president has absolute immunity from criminal prosecution for all his official acts. If Trump, in his capacity as president, were to defy the Supreme Court’s orders, the court has allowed him to do it.

Trump could not care less about what the courts say. He has already taken over Congress’ power of the purse prerogative without a peep from his enablers in the House or Senate. Why should he respect the other co-equal branch of government?

And who is going to stop him? All week, I’ve been thinking about Joseph Stalin’s response to Winston Churchill at Potsdam when Churchill urged him not to run afoul of the Catholic Church over Poland. “The Pope! How many divisions has he got?” Stalin shot back.

How many divisions does John Roberts have? Trump has many and while there is no reason to believe that he will deploy the United States military to the steps of the Supreme Court, there is a militia of Oath Keepers, Proud Boys and other fanatics who have already proven that they will violently attack anyone who stands in Trump’s way. They feel a loyalty to Trump — not to John Roberts or even Clarence Thomas and Sam Alito. After all, Mike Pence was a pliant doormat until the very moment that he stood up for the rule of law and there was a noose hoisted outside the Capitol for him on January 6th.

This is not to say that Roberts or his right-wing majority will even bother to stop Trump. They may not disagree with the powers he has assigned to himself, much like they did not disagree last year that Trump should, effectively, assume the same powers as King George III. (Ironically, that particular king had the 19th century version of the 25th Amendment imposed upon him when he went mad — something our mad king will never have to worry about.)

Or they may not want to risk the ire of the MAGA faithful coming for them, the way they have come for anyone who stands in Trump’s way. If the mob can come for the obsequiously loyal Mike Pence when he dared to uphold the Constitution, who is to say they won’t come for the Justices?

But even more disgracefully, they may not want Trump to underscore that they, like the Pope, have no divisions at all, that the rule of law is gone and that might makes right in this country now.

If that is true, it is the biggest self-own in American history. Thanks to Trump v United States, the Supreme Court has given Trump the power to render itself absolutely irrelevant. It would be fitting justice — if only it didn’t spell the end of our constitutional republic.