Perhaps the degradation of our rule-of-law regime would happen anyway,” Jackson wrote. “But this Court’s complicity in the creation of a culture of disdain for lower courts, their rulings, and the law (as they interpret it) will surely hasten the downfall of our governing institutions, enabling our collective demise.
— Supreme Court Justice Katanji Jackson, July 10, 2025

Eight months into Trumpist/MAGA rule, the broadly-based resistance to that rule is standing strong. There is no question that the Trumpist plan was to so overwhelm us within six or so months, “flooding the zone” with one attack and lie after the other, such that, by now, they would be well on their way to their objective of permanent, authoritarian rule of the USA with all that this would mean for the world.

Early in February I wrote a column which listed five areas of focused work which, together, could make it possible for us to successfully prevent this objective of the regime: street heat, local/state/federal government pressure, legal action/the courts, media and publicity and outreach. Overall, I think we’ve done well in all these areas. We are clearly still on the defensive and will be until at least the November 2026 elections, but we have also clearly won a number of victories, among them the political fact that Trump’s polling numbers are way down. Much of what the MAGA’s are trying to do is very unpopular.

What about the legal challenges to Trump’s many (321) Executive Orders? Here’s what the Associated Press reports as of yesterday as far as what has happened to them: 321 have been filed. 138 have been partial or full victories for the democratic forces. 91 were losses; the EO’s were “left in effect.” And 92 are pending.

An optimist would look at these numbers and correctly say that 71.5% were either victories of some kind or still pending. A pessimist would say that 57% were either losses or still pending. But there’s a deeper issue that needs to be assessed: the shadow docket, where the Court majority makes “emergency” decisions without explaining publicly why they are doing so.

An NBC article yesterday reported on the results of this deeply concerning—and un-American—way that this particular Supreme Court, dominated by MAGA supporters and conservatives, has been advancing the Trumpist agenda:

“So far, the Trump administration has asked the Supreme Court to weigh in on an emergency basis 28 times, according to an NBC News tally. It has lost only two. Four cases are pending, although the court issued temporary wins to the government in one of them while it decides the next steps to take. Three others resulted in no decision.

“The limited number of emergency requests compared with the total number of cases indicates the administration has been wary of rushing to the justices on issues where even a conservative majority receptive to some of its aggressive assertions of executive power may push back.”

Emergency requests and decisions have dramatically increased under the Roberts Supreme Court, and it is certain that there will be more going forward.

Katanji Jackson, in a 15 page dissent to an “emergency” decision on the issue of birthright citizenship, said this:

“The Court has cleared a path for the Executive to choose law-free action at this perilous moment for our Constitution—right when the Judiciary should be hunkering down to do all it can to preserve the law’s constraints.” she wrote. “I have no doubt that, if judges must allow the Executive to act unlawfully in some circumstances, as the Court concludes today, executive lawlessness will flourish.”

So what can the progressive resistance movement do about this?

I think we can do a lot, if a critical mass of organizations steps forward and develops a plan to go public and visible calling out the undemocratic and dangerous reality of what the Supreme Court majority is doing, particularly these shadowy, opaque, undemocratic “emergency” decisions. Just like we have had and will be having, on October 18, successful mass actions of millions in the streets around the country calling for No Kings, worker justice, women’s rights, climate justice, racial justice and more, it is time for such a nationally coordinated action sometime this fall focused on this issue.

Resistance activists and supporters in the mass media and social media should be all over this one. It’s fundamental to all that we are fighting for. Elected officials need to be speaking up. Every way that we have to educate and activate should be used.

It’s time to bring Supreme Court allowance of “executive lawlessness” out into the open as a major issue.

The post Supremely Courting Authoritarian Rule first appeared on Dissident Voice.

This post was originally published on Dissident Voice.