| The government has shut down. Republicans, who are in the majority in Congress, failed to pass a budget. Republicans control the House, the Senate, and the White House, so, naturally, Republicans are blaming Democrats for their own failures.
Democrats are not familiar with using what power they have maximally, so getting them to stick together and force Republicans to actually work for a living was difficult. A number of bad arguments were floated to try to break Democratic ranks. Democrats have resisted these bad arguments and ideas for now, but Republicans seem strangely confident that Democrats will break once the pain of the shutdown spreads throughout the country.
Because of my job, the question I have been asked most often from Democrats perpetually afraid of their own shadow is “What about the courts?” The worry was—and for some, still is—that when the government shut down, the federal courts would shut down, and that would be extremely bad because the courts are our “last defense” against Trump.
That question is based on two faulty premises. The first is that keeping the courts running is actually a good thing, the second is that without federal funds the courts just waft away.
Neither of those premises are correct. As I keep trying to tell people, the courts have been incredibly ineffective at stopping any of Trump’s illegal and unconstitutional policies. Every time a lower court tries to stop Trump, the Supreme Court steps in and clears the way for Trump’s authoritarianism.
And the Supreme Court is not going anywhere. Neither are the other federal judges throughout the system. Judges are constitutional officers, appointed for life. Their jobs and their salaries cannot be reduced while they are alive. Federal judges cannot be furloughed or fired or anything else. We’re stuck with them forever, whether the rest of the federal government is funded or not. No matter what happens, judges will still be there to tell the president that he is wrong, and the Supreme Court will still be there to tell Trump he can do whatever he wants.
Now, depending on how long this shutdown lasts, those judges might have to do more of their own work. While the jobs and salaries of federal judges are constitutionally protected, those of their clerks are not. Their assistants are not. Their security is not. The people who sweep the floors and copy the documents and say “all rise” are not. There will be real pain throughout the federal court system if the shutdown drags on, but it will not be felt by the privileged people in robes. It will be felt by all the regular people who prop judges up but have not been gifted with a lifetime of job security.
That, of course, will be the case across the board. The people hurt by government shutdowns are never the people in government who caused the shutdown. It’ll be everybody else who has to pay for political incompetence.
There’s nothing that the Democrats should do to stop that pain from happening. As I said the day after the election, this country elected Trump, and this country now deserves every horrible thing that is going to happen because of Trump. Democrats are always trying to run around and mitigate the harm caused by Republicans. That has to stop. This country needs to see what they keep voting for.
November 6, 2024, was a choice. We made the wrong one. Now is the time of consequences. |