The Week Ahead

November 10, 2024

This is a tough one to write.

My top-line thought for the week ahead: Don’t give up!

If you want to plan a protest, plan it. If you want to knit in public at a lecture, do it. Don’t let anyone else make the rules for you. You get to set your own vision for what it means to be persistently pro-democracy as we prepare to face what’s ahead.

For me, it means resisting the language of division that brought us here and working to maintain the big tent that helped us win the fight for four more years of democracy in 2020. People are down right now; none of us are at our best. So, give people a lot of space and understanding. But don’t be afraid to act on your own or enlist like-minded friends to come along with your plans. Don’t let anyone tell you that your way of expressing your love for country and Constitution isn’t the right way. There is a lot of that going around, as many people with good intentions are struggling.

If you’re looking for inspiration and have the concentration for a longer piece, read the words of Czech leader Václav Havel, who wrote The Power of the Powerless in 1978, ten years after the Soviet Union crushed Prague Spring. Havel explored the idea that individuals who might normally be seen as powerless can make common cause in dissidence against a repressive political structure. The Czechs did not have the centuries-long history of democracy like we do, nor did they have a Constitution in place that guaranteed rights like our does. Still, Havel pointed the way for them to resist a totalitarian system. Although the story of our coming struggle is likely to be very different from theirs, you may still take heart reading Havel, knowing that his people struggled free from a dictatorial regime and created a republic.

The outcome of this election has been incredibly hard to come to terms with. In my heart, I feared Donald Trump would win—I live in a state where many people support him and their numbers were strong—but I hoped and even dared to believe it wouldn’t happen. And of course, I was wrong.

We are in for tough times, and they will not be times to give up in. Lawyers are already preparing to do important work. They have the experience of 2016 to guide them. Project 2025 and Trump’s Agenda 47 vision are dark. But they are not self-executing; they will have to do the work to put them in place, and we need to be there every step of the way, pushing back. Never underestimate the value of the public voice.

But do take time to refresh your understanding of the policies this administration has rallied around in advance. I have not forgotten that in early July, Heritage Foundation President Kevin Roberts commented that the coming revolution could be “bloodless if the left allows it to be.”

• This interview with States United CEO Joanna Lydgate is an overview of Project 2025

• This piece touches on climate and science

• This piece talks about the impact of mass deportations

• This piece linked Trump to Project 2025 after he disclaimed knowledge of it

• This is an index of the columns I wrote about Project 2025 prior to last July

We have a long history and tradition of democracy in this country. We have local governments and organizations where we can run for office and use our power to make things better, even if Trump is trying to make them worse at the national level. We are still a constitutional democracy, and if we want to keep the Republic, we are going to have to fight to hold onto as many of our norms as we can.

But not all this week.

This week we are going to have to endure the winding down of the criminal cases against Donald Trump. That’s a gut punch for those of us who believed that accountability was possible and that Donald Trump wasn’t above the law.

Tuesday in Manhattan, Judge Juan Merchan is expected to rule on whether the Supreme Court’s presidential immunity decision impacts Trump’s conviction in the New York case. If the convictions survive, and they should, or at least some of them, expect a rocket of an appellate case going off, as Trump tries to avoid being sentenced later this month. He may succeed given the politics of the moment, but legally, there is no reason he can’t be sentenced, although, and I’m sorry to be the bearer of bad news, I expect that even if he receives a custodial sentence, he will not serve it because of the Supremacy Clause of the Constitution. It’s an entirely unsatisfactory conclusion to one of the worst-ever violations of American democratic principles.

I don’t expect normal times ahead. I believe Trump when he tells us who he is. I believe MAGA when they tell us who they are. This wasn’t just a campaign where the winner takes office and we all move on happily together, shoring up our disappointment. We have to be prepared for that reality, and not get sucked into a “business as usual” version of what Trump’s time in office will look like.

We haven’t begun to fight yet, but as we get over the shock of the election, we can begin to get ready. As President Biden says, you can’t love your country only when you win. I’d add to that, you can’t be willing to fight for democracy only when it’s easy.

We’re in this together,

Joyce