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Democrat’s anti-Trump court “victories” may be unreal … or temporary, at best 

Democrat’s anti-Trump court “victories” may be unreal … or temporary, at best 

With Republicans holding the White House and both houses of Congress, Democrats have only two means to fight the Trump agenda – the court-of-public-opinion and the courts-of-law. 

The court-of-public-opinion is not the best or most effective means to confront Trump policies.   Polling numbers – especially at this stage – have little influence on a President not facing a future election.  It will only be existentially important to Senate and House members in another year or so, when voters start to give the 2026 midterm elections serious consideration.  Also, promoting public protest and disruption has a downside.  The chance of violence – like the attacks on Tesla – is high.  That is never popular with the people. 

That leaves the courts. 

Trump is incurring a record number of lawsuits in opposition to his record number of Executive Orders.  That is no surprise.  Trump is not breaking the law as much as poking the limits of presidential power.  A lot of Trump haters in the media cavalierly claim he is breaking laws and disobeying court orders.  That is partisan bovine poop.  Trump is playing a very nuanced game when it comes to the courts.  He is even fighting the right of a local federal district court to make decisions curtailing presidential powers on a national basis. That will have to be decided by the Supreme Court.

Court rulings against Trump have been celebrated as “victories” by his opponents.  The reality is more complex. Injunctions and lower court decisions often serve as temporary roadblocks rather than definitive defeats, as cases move up through the appellate courts — and occasionally to the Supreme Court.  

An injunction stopping some Trump action is not a victory.  Injunctions are often granted to allow courts time to review cases before making a final decision. They do not determine case outcomes but act as legal pauses.  Those who see these as political victories are naïve or just engaging in political spin. 

Many of the injunctions issued against Trump actions have already been overturned by appellate courts — or modified in ways that still allow key components of his executive actions to proceed. 

Trump has had his share of victories – most notably the decision that granted the President broad powers and immunities. 

Trump has been very clever in playing on the edge.  Specific judges hostile to Trump have harshly criticized his actions and his attacks on the courts – but not one has yet charged him with contempt.  Even if one does, the decision will be set aside as the contempt is appealed. There will be no consequences.

Democrats are not fighting so vigorously in the courts because it is a good option – or a good match for Trump’s power as President.  They are fighting in the courts because it is the best of their bad options. 

The court fights are going to be a wash.  The only real chance Democrats have to effectively oppose Trump is the 2026 midterm elections.  All that reporting about the court cases is a lot of “sound and fury signifying nothing.” 

So, there ‘tis. 

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

2 Comments

  1. frank danger

    “Two years” has been my mantra since November. It’s Larry’s observation as well to which I respond: “no duh daddio.” Apparently, everything Democrats do is bad, at least according to Horist.

    We own nothing, not the judiciary, oval, or congress.

    On the other side, this is the least effective, least production, Congress ever. They give the Do Nothing Congress someone to laugh at. We don’t own the judiciary, but there are like-minded judges still out there, and even right-leaning judges that still believe in the Constitution, unlike the Supremes.

    So, Leary says every breath we take, every move we make; it’s wrong. I just add that every bond you break, we are watching you, recording you, and taking whatever actions we can to right what you made wrong.

    No Larry, polls matter; otherwise, WTF are you doing with ratings and FOX — that’s kind of like a poll. You know if the polls stay where they are by 2026, you’re party is dead meat. And we just need to take the House or the Senate, not both, to turn up the heat and stop the bleeding.

    Lawsuits: excuse me, where did we learn that flooding the zone with lawsuits gums up the works OR dragging out existing lawsuits to play for time gets the opposing side to give up. Where and who did we learn that from? He thought it works, he’s been doing it for two lifetimes now.

    I disagree that there is not significance to these actions and that it signifies nothing. We have seen Trump pivot, blink and capitulate based on courts, based on public opinion, or when Putin calls. Most important will be the ground swell during 2026 that this is just practice for.

    Lately he’s starting pitching higher taxes on the wealthy, a Democratic party plank. I think he realizes he’s spending like a drunk sailor on shore leave after only 100 days at sea. I think he realizes that running the yugest deficit for two terms in a row does not look like the world’s bestest businessman. I think he’s going for a huge tax cut and will keep tariffs at 10% to help cover it. I think he’s really starting to act weirder than ever. Posting Pope costume pictures, Donny 2 Dolls – the Pencil Man, annexing Canada, surrounding himself with gold and golden images. It’s certainly getting weirder.

    Buckle up buttercup, gonna be a hot summer. Hotter if the weather gets hot and Donny 2 Dolls continues to melt down.

    Barracuda.

    Reply
  2. AC

    Save your brain power, Frank Danger, Horist sees himself as Lord High Opinion Commentator and he is without equal across the Land. So,what is written by his hand is good as law. Like his would be king, Trump, he confidently believes that he, Larry, is truth and light to all readers. Being ready and able to dish out his take cast in one narrow view, but he is blatantly incapable of giving any thought to considering others points. Especially when those points from others are the facts told straight and are common sense minded.
    Support for Trump cannot be reflexive and lacking prior thought and study. Watch Trump ceremoniously signing his name to executive orders or any of the papers on his desk and see if he understands exactly what is on the payer he just signed. Each of these signings is a photo op more than it is a meaningful document that will change people’s lives for the better.
    Larry cares for only his words and his own opinion in print. Reader comments are not worth his effort for reading.
    Trump has led the way got his own brand’s mindset. Don’t bother with other’s thinking, they are not worthy of the greatness that’s coming from my policies, says Trump over and over to himself and to everyone, near and far away.

    Reply

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