When NPR sued Donald Trump Tuesday, it had an easy argument to go with. Normally, in First Amendment retaliation cases against the government, you have to pull together a bunch of disparate strands to prove the retaliatory intent of the actions. But as NPR noted in its filing, and as Justice Scalia once wrote about obvious constitutional violations: “this wolf comes as a wolf.”
Trump’s executive order cutting public media funding doesn’t even pretend to hide its retaliatory nature — it literally calls NPR and PBS “biased media” in the title.
Republicans have been gunning for public media for decades, but historically, every time Congress tries to cut funding, outcry from their constituents is so overwhelming that nothing ever happens. It turns out tons of people (including Republican voters) actually like NPR and PBS. But Trump skipped Congress entirely and simply declared that public media wouldn’t be receiving any more federal funding — because he thinks their coverage hurts his feelings.
It’s because the administration is not counting on winning the case on its merits. They are counting on winning the case because they expect judges that Trump appointed to create new precedent in his favor. He wants “his” judges to do what he wants. Judges that don’t immediately comply (particularly conservative judges) will immediately be put on the “nasty” list.
Do not forget all the J6ers he pardoned. These people showed they would do violence for Trump once, and they got rewarded for it. They will do it again. Also, the administration has already started arresting judges they don’t like. And for all the compliant judges, we all know that the Supreme Court recently made
bribesgratuities legal, and the President is literally making his own currency now. So he has both sticks and carrots to use to get his way.Congress has rolled over in submission to King Trump, and he is now working on the judiciary.
Maybe. So far, SCOTUS has not rolled over. They’ve been open to the administration’s arguments, but I’ve been surprised that they haven’t just rolled over. Even Coney Barrett has been against him.
They want to maintain the independent power of the courts, but none can have power except Trump.