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The American people need to check the Supreme Court

The Supreme Court begins its new term this October. This happens every year. But this year is different. We live in a very different country than the one that existed a year ago.

During Donald Trump’s second term, his administration and allies have been using the force of government to intimidate the American people into surrendering our constitutional rights. So in a system based on checks and balances, that means the Supreme Court has never been more important.

With Congress under the control of ultra extreme forces, it’s been up to the courts to stop Trump from becoming a tyrant. Across the country, district and some circuit judges nominated by both Democratic and Republican presidents have shown themselves up to the task.

However, their patriotic work is all too frequently undone by Trump’s collaborators at the Supreme Court. As we prepare for a new Supreme Court term, we should be aware of how the far-right justices have already chosen to help Trump take our democracy apart, piece by piece.

Most notoriously, before the 2024 election, they infamously ruled that he cannot be prosecuted for illegal actions he takes as president. But that’s just the tip of the iceberg.

In the Trump v. CASA case last June, they severely cut back on the ability of courts to effectively block enforcement of even the most blatantly unconstitutional policies. In that case, the Court’s MAGA majority allowed Trump and his administration to carry out policies that are likely unlawful during the months or years it takes for the merits of the case to be decided.

The CASA case was about stripping Americans of their citizenship based on their parents’ immigration status, so-called birthright citizenship. But the dangerous principle applies to the violation of any constitutional right.

As Justice Sotomayor wrote in dissent, “No right is safe in the new legal regime the Court creates.” If you’ve ever criticized or insulted those in power and been grateful for your First Amendment freedom to do that, then you have reason to worry.

The Court majority is also letting Trump send masked agents to engage in a violent campaign of terror against California Latinos targeted by racial profiling. In addition, they’ve let him disappear people to foreign countries to be imprisoned and likely tortured under brutal conditions.

Any of us could be next.

That isn’t all. The far-right justices have let Trump illegally fire members of independent agencies that protect our rights and safety and are supposed to be insulated from political pressure. They’ve let Trump unlawfully dismantle the Department of Education during the course of litigation over his plans to end it, even though only Congress has the authority to shutter the agency.

And in another case, they let him unilaterally cancel nearly $800 million in medical research grants that would help us combat conditions like Alzheimer’s, heart disease, and substance abuse.

Helping Trump abuse power isn’t the only way the current far-right majority targets people’s freedom, dignity, and rights. During the new term, they’ll be hearing a case from Louisiana where they may once again severely undercut what’s left of the Voting Rights Act. They also seem likely to further weaken our nation’s laws limiting money in politics.

They may let states bar transgender girls from school sports. They may strike down state laws protecting LGBTQ+ children from the harmful practice of conversion therapy. And they may make it harder for victims of religious liberty violations in prisons to sue the people who violate their rights.

If the current Supreme Court majority angers you, that’s good. Let that anger be part of what motivates you to protest, to peacefully resist, and to bring about the change we need. Because the most powerful force in our country is the American people, millions of people strong, standing up for our rights.

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Paul Gordon is People For the American Way’s senior legislative counsel. This op-ed was distributed by OtherWords.org.

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