Cross the Courts Off the List: We have enough information to conclude that the law won’t save us.
The most significant remaining opportunity for course correction is the midterm elections. It is not so much that the elections (which if history is any guide should cause Republicans to lose control of Congress) are a magic wand that will fix our broken democracy, any more than, you know, Obama’s election fixed America. It is instead the much more modest but vital hope that Republicans can still lose power in elections. The midterm elections will be a test not so much of whether the Democratic Party will finally become the heroic resistance heroes we need–they won’t–but rather a test of whether Trump and Co. will have it together to suppress the vote to the degree that elections, also, need to be crossed off the list of fruitful avenues of opposition.
We are going to see ICE agents at polling places, and politically motivated government investigations of political opponents, and possibly a number of non-Republican politicians and activists arrested and put in jail. That will be the setting of the midterm elections. Trump is a man who does not believe in even the abstract concept of losing an election. He is surrounded by yes men top to bottom in the federal government, and he has armies of armed agents at his disposal. The midterm elections are going to be a very, very important gut check for our democracy, and the extent to which it still functions. We, all of us, all of civil society, must protect the integrity of those elections at all costs. If the Trump administration is able to suppress the vote so severely that the midterms cannot be seen as fair, we are in an even worse place than we are now.
Having given up on the possibility of a Supreme Court line in the sand, I am now looking at those elections as the next most important data point about how much hope is left to return to our traditional standard of “normal.” Apart from the elections, the other meaningful source of opposition is: Us. People. I have hoped that organized labor could be the rallying point for popular opposition to dictatorship. So far, that hasn’t happened. Institutionally, the long decline in union power has rendered organized labor extremely ineffective, disorganized in the face of a war on the existence of public sector unions, and unable to act in a powerful, concerted fashion on a nationwide scale. It is still possible, however, for unions to be one part of a grassroots coalition that forms to battle this out. The national protest movement we have seen arise–most recently the “No Kings” protests–shows me that the bulk of public opinion is on the right side here. The fascists are a minority. Stopping their advance, though, will require funneling the public opposition into organizations, into all facets of direct actions. What we have now is the sentiment, but not the organization. It can be built. The situation is not, in any sense, hopeless. There is much more to be said about the mechanics of all this, but for now, join an organization that is in the fight, and fight.
It’s just that the path is narrower. We don’t gain anything by telling ourselves fairy tales about what is coming. If the courts won’t do their ostensible job of saving us then it is time to think of the law not as the arena of our salvation but as a minefield to pick our way around carefully en route to a more promising destination.