The Constitutional Crisis Is Here. Now, America Faces A Courage Crisis.

Trump broke the law. Who will oppose him?

Photo by Towfiqu barbhuiya on Unsplash

For far too long, those who argued Donald Trump was a wannabe dictator were derided as hysterics. Less than three months into The Apprentice host's second presidency, not only have those early warners been proven correct, but, if anything, they were too conservative. During the election, there was no shortage of pundits saying Trump intended to disobey courts and rule autocratically. But no one thought he’d do it this quickly and bluntly.

Last week, the Supreme Court ordered the Trump Administration to facilitate the release of Kilmar Abrego García, an immigrant the United States is paying to imprison in El Salvador’s Terrorism Confinement Center (CECOT). While it’s common to say Abrego García (and the hundreds of other detainees sent with him) has been “accused” of being a gang member, that’s not actually true. As he’s received no due process, the government hasn’t accused Abrego García of anything. Trump and his lackeys have said Abrego García and his fellow inmates are members of the MS-13 gang, but they’ve also said Trump is the same height and weight as all-star NFL receiver D.K. Metcalf. So perhaps they’re untrustworthy.

Both men are allegedly 6’3” and 225 lbs.

Despite admitting it was wrong to ship Mr. Abrego García to El Salvador, the White House has said it will not follow the Supreme Court’s order. Salvadorian President Nayib Bukele traveled to the Oval Office to state he would neither release Abrego García nor “smuggle” him into the United States, while Secretary of State Marco Rubio (who is happy to be involved for once) claimed the Supreme Court has no right to dictate the administration’s “foreign policy.” Attorney General Pam Bondi, hot off using the Justice Department to bully trans middle schoolers, said the only requirement the Supreme Court placed on Trump was to provide a plane for Abrego García should President Bukele release him.¹ Which he won’t, either because Trump asked him not to or because Kilmar Abrego García is already dead.

The term can be overused, but this is gaslighting, clear as day. The people who can return Abrego García to his family sit next to each other in the halls of power, laughing in our faces as they say their hands are tied.

Nightmare blunt rotation.

The severity of this crisis cannot be overstated. By ignoring the Supreme Court, Trump is forming a dictatorship: his word is law, and there’s nobody that can stop him. While the situation is dire, many media outlets have pulled their punches, writing Trump is “setting the stage for” (Axios)² or “is sending the U.S.” towards a constitutional crisis (The Washington Post).³ I’m not sure what else Trump could do to convince these publications the constitutional crisis they’re forewarning is already here.

While I’ve always been skeptical of the Supreme Court’s power of constitutional review, which it granted itself in Marbury v. Madison (1803), the Constitution clearly states that the Court holds supreme judicial power in the United States. Ruling on a lawsuit against the Secretary of Homeland Security, the Court ordered the executive branch to facilitate Mr. Abrego García’s return to the U.S. Then, Donald Trump laughed in their faces so hard it blew their weird gowns off. You don’t have to be a lawyer to see this is a clear violation of America’s highly-lauded checks and balances.

It’s not a showdown. It’s a crime.

Judge Xinis, who presides over the original case Trump appealed to the Supreme Court, publicly stated she’s contemplating holding the government in contempt of court for its refusal to abide by the order. Another District Judge said he found probable cause to hold the administration in contempt for the entire El Salvador imprisonment scheme. These judges should punish Trump to the extent of their ability, but then what? Trump is unconcerned with what the Supreme Court tells him to do, so I doubt a lower court’s ruling will keep him up at night.

The constitutional crisis is here. Trump broke the law, and the Constitution does not articulate any way to hold him responsible. Now, America faces a more challenging question: Who will have the courage to oppose him?