What Can Stop Him?

We have a "robust civil society," for one

A lot of us are still in shock, we don’t know what to do about the re-election of Donald Trump. I feel that way. Obviously, it happened, and we must accept it (yes, we have to). Is there anything we as American citizens, can do to make sure he doesn’t radically alter our government? I just listened to an interview on The New Yorker’s podcast, The Political Scene, with David Cole, who served as national legal director of the ACLU from 2017 to 2024. Cole wrote an article called “What Can Stop Him?” for the New York Review of Books. It’s extremely informative and encouraging. Cole writes, “Our worst enemy is not Trump himself, but fatalism about our ability to stop him.”

He tells us that the checks and balances in our system are stong enough to prevent or slow down some of the things Trump has said he would do. Rounding up hundreds of thousands of immigrants will take a lot of legal action, not enough immigration lawyers to go around, and detaining the immigrants (if he tries) will require a lot of beds that we don’t have—and loads of money. There will be legal blocks all through his attempts to deport immigrants who are undomumented. “Trump would have to vastly expand the immigration judicial apparatus, a measure that he himself opposed during his first term. Even if he changes his mind, it would take time to put a larger system in place.”

Trump does not have a mandate, and the seperation of powers is such that enacting anything is difficult thing to do (my grandmother had a wonderful saying she would use, that when something was difficult to get or do, she would say “It’s like an act of Congress”). Remember in his first term when Trump repeatedly tried to end Obamacare? He couldn’t get it done, it was too popular. We have seen with the withdrawal of Matt Gaetz that Trump’s power over the Congress is not absolute. Senator Lisa Murkowski (R) recently said she would not approve any of Trum'p’s nominees unless they are vetted by the FBI.

Cole tells us that the courts also may rebut Trump in his second term, even though at times it seems the Supreme Court is so conservative as to be very problematic—they don’t always rule in favor of Trump. Two thirds of federal judges were appointed by Obama and Biden, and recently Biden has appointed many more judges. Changes in regulatory legislation will take years to get approved, requiring a “notice and comment” process.

Another huge retraint will be federalism. As I understand it, the Federal goverment has limited power, and States control many policies and practices, such as education policy. Cole says, “Attorney generals from blue states successfully sued to halt many of Trump’s programs in his first term, and they are readying to do so again.” California govenor Gavin Newsom and New York Govenmor Kathy Hochul both have spoken to the press about preparations how they plan to stand up to Trump in their blue states.

Changes in civil-servant structure would provoke bi-partisan resistance. Huge tarrifs will lead to increased inflation and Trump will likely have to rescind them. Cole reminds us that already Trump backed off the nationwide abortion ban, it’s too politically toxic for the GOP, although of course anti-abortion forces still a horrific problem that many states are struggling with.

My prediction is that his grandiose ideas to restructure and “simplify” our system will either fail, stall, be slowed down. Even with Musk and Ramiswami trying to stir things up in their newly created (non-governmental) department of Government Efficiency, not much will get done. It’s all theater—after all, Trump is a reality show star, and it’s through that lens that he views his presidency. He thinks he’s casting a show with his nominations. Then the Democrats—in my prediction—will take back the House and Senate in 2026. That will make Trump a lame duck president.

But Cole says that as civilians—civil society— we should not feel powerless and he offers many things we can do. That’s what autocrats want, they want us to feel powerless and retreat to our televisions and shopping expeditions. The US has a “robust civil society,” Cole says, “It includes advocacy institutions like the ACLU, Common Cause, the Sierra Club, Indivisible, Black Lives Matter, the American Medical Association, and unions; newspapers, magazines, and broadcast media; universities and colleges; and religious communities. All of these entities are guided by ethics and norms independent of official power, and can serve as centers for opposition. This civil society sector is where the ultimate check on governmental abuse lies.”

I will quote his last paragraph, I think it’s important:

“Today’s First Amendment doctrine ensures that we have the rights to criticize the government and report on its abuses, to petition for redress of grievances, to associate with like-minded others, and to assemble in protest of government policies. Activists can employ the tools outlined above by calling on our elected representatives, filing lawsuits, marching in the streets, speaking out in the media, and engaging in administrative law processes. At the same time, their engagement can make the legal checks more effective by reinforcing the fundamental values at stake. If—and only if—we do that, the checks and balances built into our Constitution will serve the function for which they were designed. It is up to us to demand that they do.”

This article was so great to read and has given me hope.

I am collecting sites and podcasts to augment my reading so that I won’t just rely on legacy media like the NY Times and CNN. During the election, this strategy was helpful, and my unconventional sources were journalists I trust on twitter. I may be leaving twitter soon, moving my energies to Bluesky for news from a social media site. So far I will try to daily turn to The New Yorker, print and podcasts, The Atlantic, NY Review of Books, Kara Swisher’s podcast, Axios, Pete Buttigieg’s podcast, Media Matters, Heather Cox Richardson and other Substacks. Tell me who/what outlet you rely on, I’d like to know!

I will go live tomorrow afternoon around 2, to join me you will need the Substack app. And let’s have a quick zoom tomorrow evening, link below the paywall.

Thanks for being here! Happy Sunday.