Below is my column in The Hill on the growing calls for an organized resistance to the Trump Administration by Democratic governors and prosecutors. They may find, however, that the resistance movement this time around will be facing significant legal and political headwinds.
Here is the column:
The single most common principle of recovery programs is that the first step is to admit that you have a problem.
That first step continues to elude the politicians and pundits who unsuccessfully pushed lawfare and panic politics for years. That includes prosecutors like New York Attorney General Letitia James and politicians like Illinois Gov. J.B. Pritzker, who affirmed this week that they will be redoubling, not reconsidering, their past positions.
For its part, The Washington Post quickly posted an editorial titled “The second resistance to Trump must start now.” They may, however, find the resistance more challenging both politically and legally this time around.
It is important to note at the outset that there is no reason Democratic activists should abandon their values just because they lost this election. Our system is strengthened by passionate and active advocacy.
Rather, it is the collective fury and delirium of the post-election protests that was so disconcerting. Pundits lashed out at the majority of voters, insisting that the election established that half of the nation is composed of racists, misogynists or domination addicts who long to submit to tyranny.
Others blamed free speech and the fact that social media allows “disinformation” to be read by ignorant voters. In other words, the problem could not possibly be themselves. It was, rather, the public, which refused to listen.
That does not bode well for the Democratic Party. As someone raised in a liberal politically active family in Chicago, I had hoped for greater introspection after this election blowout.
Ordinarily, recovery can begin with “a terrible experience” when someone hits rock bottom.
After a crushing electoral defeat and the loss of the White House and likely both houses of Congress, one would think that Democrats would be ready for that first step to recovery. However, those hoping for a new leaf on the left do not understand the true addictive hold of rage.
In my recent book, “The Indispensable Right: Free Speech in an Age of Rage,” I explore rage and our long history of rage politics. There is a certain release that comes with rage in allowing people to do and say things that you would never do or say. People rarely admit it, but they like it. It is the ultimate high produced by the lowest form of political discourse.
Over the course of the last eight years, the U.S. has become a nation of rage addicts.
For months, Democratic leaders denounced Donald Trump and his supporters as fascists and neo-Nazis. President Joe Biden, Vice President Kamala Harris and others suggested that democracy itself was about to die unless Democrats were kept in power.
Just before the election, New York Gov. Kathy Hochul called those voting for Trump “anti-American.” By Hochul’s measure, over half of the American electorate is now “anti-American.”
James is the face of lawfare. She may have done more to reelect Trump than anyone other than the president himself. She ran on nailing Trump on something, anything. In New York, she was joined by Manhattan District Attorney Alvin Bragg in this ill-conceived effort. They fulfilled the narrative of a weaponized legal system. Every new legal action seemed to produce another surge in polling for Trump.
Yet there James was, soon after the election, with another press conference promising again to unleash the powers of her office to stop Trump’s policies.
Then there was Pritzker, doing the community theater version of “The Avengers” and declaring, “You come for my people, you come through me.”
New Jersey Gov. Phil Murphy (D) added that he too will “fight to the death” against Trump’s agenda.
Rather than lower the rhetoric, these rage-addicts ran out for another hit.
Our prior periods of rage politics were largely ended by the public in major election shifts like the one this month. Things, however, are different this time around both politically and legally. The problem for the resistance is the very democracy that they claimed to be saving.
Democrats lost after opposing policies supported by an astonishing share of the public at a time of deep political division. That effort included opposing voter ID laws favored by 84 percent of the public, among other things.
They are now committed to opposing policies central to this election blowout, including deportations of illegal immigrants, which is favored in some polls by two-thirds of Americans.
Likewise, Democrats have already doubled down on attacks on free speech, including blaming their loss on the absence of sufficient censorship. On MSNBC, host Mika Brzezinski blamed the loss in part on “massive disinformation.” Yet, according to some polls, free speech ranked as high as second among issues on Election Day.
According to CNN, Trump’s performance was the best among young people (18-29 years old) in 20 years, the best among Black voters in 48 years, and the best among Hispanic voters in more than 50 years.
Harris actually lost a bit of support with women, and Trump won handily among some groups of women.
None of that seems to matter this time. We have an alliance of political media and academic interests wholly untethered to the views of most of the public. Yet, with both houses of Congress under Republican control, the investigations and impeachment efforts that hounded Trump throughout his first term will be less of a threat in his second term.
For that reason, the center of gravity of the “second resistance” will shift to Democratic prosecutors like James, Bragg and Fulton County District Attorney Fani Willis, who was just reelected.
Various Democratic governors are also pledging to thwart Trump’s policies despite the results of the election.
The “second resistance” will try to use state power to oppose the very issues and policies that led to this historic political shift. That means that there will be a legal shift in the focus of litigation to inherent federal powers versus state powers. That battle will favor the Trump administration.
In fairness to these Democratic politicians, they are certainly free to go to the courts, as Republicans did under Biden to argue for limitations on federal powers. But the promise of California Gov. Gavin Newsom to “Trump-proof” the state is easier to make rhetorically than it will be to keep legally.
Indeed, Trump will be able to cite a curious ally in this fight: Barack Obama. It was Obama who successfully swatted down state efforts to pursue their own policies and programs on immigration enforcement. Obama insisted that state laws were preempted in the area and the Supreme Court largely agreed in its 2012 decision in Arizona v. U.S.
Congress may even seek to tie the receipt of federal funds to states cooperating with federal mandates. For this reason, Democrats, who campaigned on the promise to end the filibuster for the good of democracy, suddenly became firm believers in that Senate rule right around 2:30 a.m. last Wednesday.
As the majority of the country walks away from the party shaking their heads, many activists are left only with their rage. Instead of reappraising the years of far-left orthodoxy and intolerance, some are calling to tear down the system or take drastic individual actions, including for women to break up with their boyfriends and husbands or to cut off their hair.
They will actually keep their rage and dump their relationships. Now that really is an addiction.
Reprinted with permission from JonathanTurley.org.
