The Trump-Musk administration's losing streak

At least one branch is using its constitutional powers to slow down the rogue executive branch

The Trump-Musk administration has a plan. Consolidate power by simply taking it.

President Trump and Vice President JD Vance, a Yale Law School graduate, know better. And so do all of the other lawyers and government officials backing them. They also know that if they throw out enough outlandish nonsense and unconstitutional orders, they can clog up the court system with litigation over issues already decided. They know it’s challenging to litigate each of these within a reasonable amount of time to stop the devastating effects.

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This newsletter is my contribution to addressing in a small way the constitutional hellscape we are in. I hope you share it widely (and if you support this effort, please consider upgrading to paid).

I’m immensely grateful for your support!

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Most importantly, the Trump-Musk team undoubtedly knows that the far-right majority on the Supreme Court, where many of these cases are headed, supports Trump, and that when the cases inevitably come before them, the radical justices will likely side with the President, as they did — unconscionably — in Trump v. U.S. 

All is not lost, however; as I wrote for The Bulwark last week, several rulings in D.C., Massachusetts, Maryland, Washington, and New York could slow down the Trump-Musk takeover of the American government. At the very least, they are a good reminder that the courts are capable of honoring their sworn duty to uphold the Constitution, even if it means personal risk to themselves and their staff. Congress should take note.

Here’s a breakdown of a few of the lead cases (the rulings keep coming, so this is not exhaustive).

Number 1: The DOGE case

Three unions filed lawsuits on behalf of active and retired federal employees against Scott Bessent, the Secretary of the Treasury, the Department of the Treasury, and the Bureau of the Fiscal Service. The lawsuit came after Elon Musk and his (fake) Department of Government Efficiency (DOGE) team gained access to millions of Americans' personal and financial information.

As the Secretary of the Treasury, Bessent is the government's chief financial officer. He is responsible for assembling domestic and international financial, economic, and tax policy recommendations for the President. According to the Treasury website, he also ensures that the Treasury Department carries out its law enforcement role, acts “as the financial agent for the U.S. Government,” and “manufactur[es] coins and currency.” The Treasury Secretary also serves on the President’s National Economic Council and holds other positions on different boards.

With all these responsibilities, Bessent decided to give Musk, an unelected and private citizen, complete access to information he has no lawful reason to have. The plaintiffs seek “declaratory and injunctive relief to halt Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information contained in Defendants’ records to Elon Musk and other members of the so-called ‘Department of Government Efficiency’ (DOGE), or to any other person.”