Texans voting at Our Redeemer Lutheran Church in Dallas, Texas. (AP Photo/Emil Lippe)
When Dallas County Republicans announced they would hand count every ballot cast in the upcoming GOP primary election in March, state party chairman Allen West described the effort as a “highly visible initiative to restore confidence in an electoral process.”
“Not only are the eyes of Texas upon us, but the eyes of America,” West said in a social media post earlier this month. The former GOP congressman concluded by quoting Gene Kranz, “a famed Texan” and the NASA flight director who oversaw the moon landing: “failure is not an option.”
On Tuesday, the nation looked on as West admitted that failure was very much an option, announcing that the Dallas County Republican Party (DCRP) will now forgo the hand count.
“This approach reduces the liabilities of DCRP and protects the organization, while affording us an opportunity to maintain better control,” West said. “In this case, discretion is the better part of valor.”
The DCRP voted on a resolution in September to authorize a hand count if they could secure funding and volunteers. But that proved tougher than the party expected.
When he announced the hand count decision three weeks ago, West said the party had raised $400,000 for the count and had 1,000 volunteers at the ready. But on Tuesday, he cited lingering concerns over staffing, funding, and the logistics of finding enough “additional tables and chairs,” to go through with the laborious undertaking.
Under state law, counties are required to report results within 24 hours of the polls closing — an additional hurdle that a hand count would struggle to clear.
West’s new statement says the DCRP will go ahead with “a precinct-based, community, separate Election Day electoral process.”
The DCRP’s decision will still prevent Dallas County voters — including Democrats — from being able to cast their ballots on Election Day at countywide vote centers, a flexibility that typically allows anyone registered in Dallas to vote at any county polling location. Instead, Dallas voters will need to vote at their assigned voting locations, as Texas law requires both parties to use neighborhood precincts if one does.
The DCRP announced it planned to do a hand count shortly after President Donald Trump published a social media post on Dec. 2, in which he mistakenly wrote that “Dallas County, Texas, just went to all PAPER BALLOTS.”
Trump apparently was referring to the DCRP’s vote to authorize a hand count. Like 98% of electoral jurisdictions, Dallas already uses paper ballots.
While election administration experts recommend paper ballots, which allow for count audits and provide an extra layer of protection against tampering, that preference does not extend to hand counts, which are slower, more expensive, and less accurate than machine counts. But hand counts are nonetheless popular among right wing conspiracy theorists who claim, without evidence, that the 2020 election was stolen.
As the DCRP’s decision to stick with a machine count demonstrates, they are difficult to implement.
On X, Stephen Richer, a Republican lawyer who previously served as the top election official in Maricopa County, Arizona, said the DCRP’s failure emphasizes the folly of demanding hand counts in general elections.
“Party can’t even get enough volunteers to hand count it’s [sic] own small, simple ballots. Now imagine trying to hand count more than 50 million ovals, in Dallas County alone, in bipartisan teams,” he wrote. “Sorry guys. It’s not going to happen.”
Right wing provocateur Nick Shirley has published a video claiming he has proof of fraud in Somali daycare centers. I watched the video so you don’t have to. The entire video is, in a word, propaganda. Despite this complete lack of substantiation, Vice President JD Vance praised Shirley and suggested he deserves a Pulitzer Prize. MAGA media has since moved immediately to demonize the Somali community in Minnesota as a whole—facts be damned.
That framing is not just reckless—it is intentionally racist. And it obscures the real issue entirely. Here are the critical facts they leave out, and hope Americans don’t see.Let’s Address This.
Watch my breakdown on YouTube, or read the full article below.
Let’s Address This with Qasim Rashid is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
A Propagandized Claim With Zero Evidence
Shirley begins his interview with a man named “David,” who apparently investigated this alleged fraud for years. Shirley provides no explanation of who David is, what qualifications he has, or what actual evidence of fraud he’s uncovered. Instead, while waving around documents that he never bothers to validate, David makes the following bombastic and factless claims:
“Compared to worldwide, the fraud is worse here in the Twin Cities than anywhere else ever, in history, anywhere.”
“The allegedly stolen funds are being sent to terrorist organizations.”
“We have to be careful because these [Somali] people are very violent, they’re exceptionally violent.”
“Tim Walz is guilty of misconduct with a public employee.”
Note—the above are actual quotes from David. At no point in the video does David or Shirley provide any actual evidence for the above claims. We are simply meant to believe them—even to the absurdity that in the entirety of human history, the alleged fraud in Minnesota outranks all of them. As far as the claim that “Walz committed misconduct with a public employee,” there’s zero evidence of this malicious claim. It’s especially rich coming from two men who are silent on Trump’s dozens of cases of sexual assault of women, and God only knows the full extent of his involvement in Epstein’s child sex trafficking atrocity.
Shirley and David espouse obviously and demonstrably false claims. The majority of Shirley’s video then entails he and David driving from center to center, harassing employees, and attempting to enter childcare centers without permission. The employees are clearly frightened that two angry men with cameras are repeatedly yelling “where are the children!”, while trying to gain unauthorized access to spaces meant to protect children. Unsurprisingly, the employees refuse to answer questions from men they rightly see as strangers. Shirley and David therefore conclude that the employees’ refusal to answer their questions means there must be fraud.
That is the extent of their “evidence” of fraud.
Shirley Ignores What Actual Journalists Have Already Reported
Now, let’s make four points absolutely clear—points Shirley deliberately ignores, and hopes his viewers don’t realize.
First, what Shirley allegedly “uncovered” is not some new scandal. Since 2022 several of these same day care centers have been fined and shutdown for violating the law. Local media in Minnesota has already reported on that alleged fraud and reported on the subsequent FBI investigations. Even in his video, Shirley admits that the FBI is already investigating these facilities and is already aware that there may be potential fraud. You can literally see him at the exact same locations that have already been investigated and reported upon.
Top Screen grab: News report from local Minnesota reporters 1 year ago. Bottom screen grab: Shirley pretending he’s breaking new news right now.
Top Screen grab: News report from local Minnesota reporters 1 year ago. Bottom Screen grab: Shirley pretending he’s breaking new news right now.
Fourth and finally, for as much as Shirley insists fraud problems in Minnesota begin and end with Somalis, nowhere in his 42 minute propaganda piece does he admit, let alone acknowledge, that the accused ring leader who was convicted of leading the largest prosecuted fraud in Minnesota is a white woman named Aimee Bock.
Aimee Bock was found guilty in a jury trial of defrauding Minnesota $250M in an overlapping “Feeding Our Future” fraud case.
In short, Shirley hasn’t broken any new news, this alleged scheme has nothing to do with terrorism, the day care center employees themselves sounded the alarm, and Shirley ignores Aimee Bock altogether. What exactly is Shirley exposing? Will his next story reveal Watergate? It seems quite clear that Shirley saw news reports from years ago, saw Donald Trump demonize Somalis, and attempted to recreate work done by actual journalists while trying to pass it off as his own to gain clout, clicks, and views.
Here Are The Facts
Now, let’s discuss what is true.
Shirley alleges that Somalis have somehow “taken over” Minnesota. This is fear-mongering and racist propaganda. Minnesota is home to approximately 60,000 Somalis, representing a whopping 1% of Minnesota’s population of 6 million people.
Moreover, it is absolutely not the case that Somalis somehow uniquely committed fraud. It is the case that, among the people accused of fraud in Minnesota, some happen to be Somali. That is a critical distinction. Fraud, where it occurs, should be investigated and prosecuted fully and fairly—for everyone involved, regardless of race, religion, or immigration status. No person gets a pass, and no group deserves collective blame. But Shirley or MAGA figures are not interested in accountability. They are interested in scapegoating.
Shirley’s video ends with him demanding answers from a Democratic member of the Minnesota legislature—who correctly reminds him that such fraud is in all 50 states, under Democrats and Republicans, and that this is not a partisan or racial issue. Shirley never actually rebukes her. He cannot, for the very simple reason that she is absolutely correct. On June 30, 2025, The Department of Justice reported:
The Justice Department today announced the results of its 2025 National Health Care Fraud Takedown, which resulted in criminal charges against 324 defendants, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals, in 50 federal districts and 12 State Attorneys General’s Offices across the United States, for their alleged participation in various health care fraud schemes involving over $14.6 billion in intended loss. The Takedown involved federal and state law enforcement agencies across the country and represents an unprecedented effort to combat health care fraud schemes that exploit patients and taxpayers. (emphasis added)
If fraud were actually the MAGA concern, their outrage would not be selectively triggered only when the accused are Black, brown, Muslim, or immigrant. Yet we have overwhelming evidence that the same political movement now pretending to care about alleged fraud in Minnesota, instead openly celebrate and reward white fraudsters—at vastly larger scales—nationwide.
When MAGA Approves Fraud
And yet here’s another critical and substantive point that Shirley entirely ignores. Donald Trump has personally granted clemency or pardons to at least two dozen individuals convicted of fraud totaling well over one billion dollars. None of them are Somali. Nearly all of them are white. And this fraud has also been well reported, meaning Shirley and his supporters are either willfully ignorant, or deceptively censoring it. Among them include:
Trevor Milton, founder of an electric truck company, was convicted of securities fraud and wire fraud and ordered to pay $676 million in restitution.
Ross William Ulbricht, founder of Silk Road, was convicted of running a massive criminal enterprise facilitating drug trafficking and money laundering and ordered to pay nearly $184 million.
HDR Global Trading Limited, operator of a cryptocurrency exchange, was fined $100 million for violating anti-money laundering laws.
Lawrence Duran, owner of a Miami-area mental health company, was convicted of healthcare fraud and sentenced to 50 years in prison with $87.5 million in restitution.
Trump pardoned them anyway. In total, Trump has pardoned at least 24 mostly white Americans (so far) for committing Medicare fraud, Medicaid fraud, and/or securities fraud. And not in his first term either—this is right now as we speak while the alleged fraud in Minnesota is taking place. And I say “so far” because Trump’s pay to pardon bribery scheme has become so open and brazen, that the Wall Street Journal reports that Trump’s handlers are now reportedly charging convicted fraudsters upwards of $1M to lobby their pardon before Trump.
Somalis face demonization on the mere accusation of a crime—yet we hear complete silence from Shirley and MAGA pundits on Trump’s open bribery to pardon convicted felons who are white. Thus the open hypocrisy—when white Americans commit fraud, they are treated as individuals. When Black, brown, Muslim, or immigrant communities are accused—even speculatively—the entire community is put on trial. One person becomes “proof” that everyone is guilty. That is de facto racism.
So let’s be explicitly clear: if you are outraged at alleged fraud involving Somali daycare operators, but celebrate Trump for pardoning white men convicted of fraud at ten or twenty times the scale, then fraud is not what you care about. What you care about is protecting white supremacy.
The Core Issue Remains Ignored
Just as importantly, we cannot forget this critical point: Racializing fraud allegations to demonize all Somali Americans of Minnesota, while ignoring the much greater fraud nationwide by predominantly white Americans, is another culture war waged by the MAGA right. And they’re waging it right now for two reasons.
One, to distract Americans that MAGA Republicans have failed to extend ACA subsidies, which means come New Year’s Day your ACA premiums will skyrocket. MAGAs will point to Minnesota to convince Americans that the “real” reason premiums are spiking is not the exploitative for profit healthcare system or the deliberate failure of MAGA Republicans to extend ACA subsidies—but the lie that it is due to Somali Americans. MAGAs will try to convince Americans nationwide that this is a “Somali problem.” Do not let them.
Two, to prevent Americans from realizing these devastating facts—that 16 years after the ACA was passed, Republicans still don’t have a healthcare plan. That Trump has pardoned far more fraud than is alleged to have happened in Minnesota. That Medicare and Medicaid fraud is a nationwide cancer caused by our exploitative for profit healthcare system, that could be addressed with a universal healthcare model, but that would cost politicians immense financial loss in campaign donations and in their stock portfolios, so they will not let it happen.
In short, MAGAs are demonizing Somali people to ensure healthcare remains a for profit exploitation scheme.
The truth is this: fraud in healthcare is not an aberration. It is a feature of a system designed to extract wealth rather than deliver care.
I have already written at length about America’s HELL Corporations, and the fraud ridden for profit exploitation business model that causes at least 68,000 preventable deaths annually. For example, UnitedHealth is being sued for denying 90% of valid Medicaid claims to senior citizens—undoubtedly enabling preventable death. Yet, we don’t see MAGA Republicans or their pseudo-journalists like Shirley accosting them to explain their billions in fraud.
Closing Points
The difference between MAGAs outraged over alleged fraud in Minnesota by some Somali Americans, and the rest of us, is this. We loudly condemn that fraud whether its committed by a Somali American, European American, Latino American, or Asian American. MAGAs only care if the alleged fraud is committed by non-white people, and celebrate the pardoning of convicted fraudsters who are white. This is not my opinion, as the above receipts show this to be true.
But we have a solution to this fraud enabled by an exploitative, for-profit insurance system. If we joined every other developed nation and guaranteed healthcare, politicians could no longer use our lives as bargaining chips. And fraud—real fraud—would be far harder to commit in a system built around care rather than profit extraction.
So when MAGA figures obsessively target Somalis in Minnesota, understand what is really happening. They are not exposing corruption. They are deflecting from it. They are protecting an exploitative system by redirecting rage toward a vulnerable community. Because two things can be and are true at once: individuals who committed fraud should be held accountable regardless of their racial background, and the overwhelming majority of fraud—and harm—comes from a corporate healthcare system that thrives on exploitation, protected by politicians who pardon billion-dollar criminals while demonizing immigrants.
Until we confront that reality honestly, we will keep repeating the same cycle: scapegoats on the margins, impunity at the top, and a system that continues to kill tens of thousands of Americans every year—quietly, profitably, and with corporate media silence.
Let’s Address This with Qasim Rashid is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
What to know about Nick Shirley, the YouTuber alleging day care fraud in Minnesota
Shirley is a 23-year-old self-described “independent YouTube journalist” who made prank videos in high school before pivoting to politics. He participated in a White House roundtable in October.
Though it isn’t the kind of thing one hears discussed every day, serious Disney fans do tend to know that Goofy’s original name was Dippy Dawg. But how many of the non-obsessive know that Mickey’s faithful pet Pluto was first called Rover?
Tiny, nimble, and sporting a bold black mask and “bib” under its bill, the Golden-winged Warbler might be mistaken for a Black-capped Chickadee at first glance. But it’s the long, thin bill and the splashes of vivid golden-yellow on its crown and wings that distinguish this long-distance migratory warbler.
Though they are denizens of shrubby, early successional habitats (areas that are in the early stages of regenerating following a disturbance, such as a fire or a clearcut) in the nesting season, Golden-winged Warblers and their recently fledged young relocate to nearby mature forests that provide adequate cover for fledglings from predators. The loss of quality brushy, young forest habitat across much of its breeding range has contributed to sharp declines in an already uncommon warbler.
Another threat comes from a close relative, the Blue-winged Warbler, which shares more than 99 percent of its genetic material with the Golden-winged Warbler. The two species regularly hybridize, and the once-uncommon Blue-winged Warbler has surged northward into the Golden-winged’s range. The Golden-winged Warbler has become much scarcer and is at risk of being genetically “swamped” by its more numerous and widespread relative where their ranges meet.
To gain a foothold and begin to recover from the loss of more than 60 percent of its population, the Golden-winged Warbler needs active habitat conservation throughout its annual life cycle, from the shrubby, early successional habitats where it nests to the open forests of Latin America and the Caribbean, where it spends its nonbreeding season.
Threats
Birds around the world are facing threats, and many species are declining. The Golden-winged Warbler has experienced a drop in its population of more than 60 percent, including a loss of nearly all of its population in the Appalachians. In addition to competition and hybridization with the Blue-winged Warbler, the Golden-winged Warbler faces challenges throughout its full annual cycle from habitat loss and degradation, and collisions. (snip-More on the page, including the songs)
The “super flu” behind outbreaks in the US and UK is a new variant of influenza A H3N2, subclade K. Here’s what you need to know.
The spread of influenza became more severe this fall, particularly in the United States and the United Kingdom. The US Centers for Disease Control and Prevention has designated the 2024-25 flu season as the most severe season since 2017-18. In the UK, the spread has begun earlier than at any time since 2003-04.
Against this backdrop, some media outlets have begun using the term “super flu.” However, this term is not an official medical term. The actual name is “subclade K,” a new variant of influenza A H3N2.
This variant has multiple mutations in a protein on the surface of the virus called hemagglutinin, making it antigenically different from the variants used in existing vaccines. This allows it to partially evade immunity acquired through previous infection or vaccines, making people more susceptible to infection. Genetic analysis by the UK Health Security Agency has revealed that 87 percent of H3N2 viruses detected since late August 2025 are subclade K.
The Outbreak Began Earlier Than Usual
The term “super flu” is not necessarily scientifically accurate. The H3N2 strain already caused severe illness in the elderly and children, and the new mutant strain has not made it more deadly. Contrary to the name, the virus’s inherent danger is said to be no different from the conventional H3N2 strain.
In 2025, the US influenza pandemic peaked in early February, with active epidemics occurring in 87.3 percent of the country. For 11 consecutive weeks, more than 50 percent of the country recorded high epidemic levels, an anomaly that led to 287 child deaths. However, these figures reflect the scale of the epidemic and do not imply an increase in the lethality of the virus itself.
The influenza epidemic is hitting earlier this year in many parts of the world. While the usual peak in Japan occurs between late December and February, in 2025 the epidemic began in earnest at the end of September. According to the Ministry of Health, Labor, and Welfare, of the 23 H3 virus strains collected in Japan between September and November 5 that could be analyzed, 22 were subclade K.
The reason for the early outbreak is thought to be the decline in immunity of the population due to the countermeasures against new coronavirus infection (Covid-19), as well as a decline in physical strength due to the record-breaking heat wave. During the three years of the coronavirus pandemic, the influenza epidemic was largely suppressed. As a result, it is possible that population immunity to the virus was reduced. In fact, with the 2024 influenza pandemic in Australia at its highest level since 19 years, it would not be surprising to see a similar trend in the Northern Hemisphere.
Existing Vaccines Are Effective
There has also been much interest in vaccine efficacy in the face of this virulent strain. The vaccine for the 2025-26 season is based on the conventional J.2 lineage (subclade), which has different antigenicity from subclade K. However, early data from the UK has confirmed that 70-75 percent of vaccinated children and 30-40 percent of adults did not end up visiting the emergency room or being hospitalized after infection. This means that even if the antigenicity is not completely identical, the vaccine remains effective in preventing severe illness.
The basic prevention measures are the same as for conventional influenza. Vaccination is recommended from October to November before the epidemic, and the effect appears about two weeks after vaccination. It is particularly recommended for people aged 65 and over, people with underlying medical conditions, pregnant women, children aged 6 months to 5 years, and medical workers. In daily life, it is effective to thoroughly wash and disinfect your hands, and wear a mask when in crowds. Ventilation in rooms and maintaining appropriate humidity levels are also important in suppressing viral activity.
If symptoms appear, it is best to wait at least 12 hours after the onset of fever before visiting a medical institution. Anti-influenza medication is most effective when taken within 48 hours of the onset of symptoms, and Xofluza and Tamiflu are considered effective. People should refrain from going out for five days after the onset of symptoms and two days (three days for children) after the fever has subsided, and should make sure to get plenty of rest and stay hydrated.
Contrary to the impression given by the word “super,” this current epidemic is an extension of the traditional influenza. For this reason, it is essential to respond calmly based on scientific understanding rather than fear.
In fact, the risk of developing severe symptoms can be significantly reduced by combining vaccination with basic infection control measures. Because this is a rare situation in which there are consecutive high-severity seasons, making responsible choices based on accurate information will help protect the health of society as a whole.
This story originally appeared in WIRED Japan and has been translated from Japanese.
Community (This content is not subject to review by Daily Kos staff prior to publication.)
Thursday, January 01, 2026 at 12:36:07p EST
(Kenneth Fowler/CNN)
This article is going to explain what we’re actually facing, lay out its four preconditions, and show you that America meets every single one. It will then explain why knowing this is important, and what we can do once equipped with that knowledge.
There’s a name for what’s happening: electoral autocracy. Elections happen. Multiple parties compete. But the system is rigged to favor one faction through gerrymandered maps, voter suppression, captured courts, and media control. When the wrong side wins anyway, those captured courts block them from governing. Hungary operates this way. So do we.
Start with gerrymandered maps. The Brennan Center’s September 2024 analysis found Republicans hold approximately 16 extra House seats due to favorable district lines.¹ Republicans drew 191 congressional districts while Democrats drew 75.¹ Only 69 of 435 House seats are rated competitive.² The Senate is worse. California’s 39 million residents have the same representation as Wyoming’s 579,000, a ratio of 68 to 1.³ The 50 Republican senators who confirmed Trump’s Supreme Court justices represented 43.5 percent of the American population. Their 50 Democratic colleagues represented 56.5 percent.⁴ The last time Republican senators represented a majority of voters was 1996.⁵
Rigged maps only work if the right people show up to vote. That’s where voter suppression comes in. The evidence includes confessions. During floor debate on Montana’s HB 176 in 2021, a Republican state representative explained he wanted to end Election Day registration because young voters are “not on our side of the aisle.”⁶ The bill passed. In oral arguments before the Supreme Court that same year, Arizona Republican Party attorney Michael Carvin was asked what interest his party had in maintaining voting restrictions. His answer: eliminating them “puts us at a competitive disadvantage relative to Democrats.”⁷ When the Fourth Circuit struck down North Carolina’s HB 589, the court found the legislature had requested data on voting practices broken down by race, then restricted exactly those practices disproportionately used by Black voters. The law, the court wrote, “targeted African Americans with almost surgical precision.”⁸ North Carolina enacted that law less than two months after the Supreme Court gutted the Voting Rights Act in Shelby County v. Holder. Between 2021 and 2024, states passed 79 restrictive voting laws, nearly three times the number passed between 2017 and 2020.⁹
Gerrymandering and voter suppression tilt the playing field. Media control ensures tens of millions of Americans never realize the game is rigged. Sinclair Broadcast Group owns or operates 178 television stations reaching approximately 40 percent of American households.¹⁰ The company requires stations to air “must run” segments including commentary from Boris Epshteyn, a former Trump White House official, nine times per week.¹⁰ In March 2018, Deadspin compiled footage of nearly 200 Sinclair anchors reading identical scripts warning about “fake news” at other outlets.¹¹ You can watch the video. Sinclair executive chairman David Smith reportedly told Trump in 2016: “We are here to deliver your message.”¹² When your local news is owned by a conservative media conglomerate pushing partisan content through trusted local faces, voters cannot punish leaders for policy failures they never learn about.
None of this would hold without the final piece: captured courts that enforce the rigged system and block any attempt to change it.
The Biden administration asked the Supreme Court to decide whether federal district judges have the power to issue nationwide injunctions blocking presidential policies. The Court declined to hear the case.¹³ The Trump administration asked the same question. The Court took it, ruled in Trump’s favor, 6-3.¹⁴
Same legal question. Same Court. Different answer depending on who asked.
The judiciary abandoned neutrality decades ago. Bush v. Gore stopped votes from being counted. Shelby County gutted voting rights. Citizens United flooded elections with dark money. What we’re watching now is the endgame.
The Niskanen Center analyzed the Court’s treatment of lower court injunctions and found that within the first six months of Trump’s second term, the Supreme Court lifted approximately 77 percent of injunctions blocking administration actions. For the Biden administration over four years, the Court lifted 10 percent.¹⁵ Georgetown law professor Steve Vladeck documented that in the first 20 weeks of Trump’s second term, the administration sought emergency action from the Supreme Court 19 times. That equals the total number of requests the Biden administration made over four years.¹⁶ The Court sided with Trump nearly every time.
In July 2024, the Court ruled 6-3 that presidents enjoy absolute immunity from criminal prosecution for official acts within their core constitutional authority, and presumptive immunity for all other official acts.¹⁷ The Court held that Trump’s discussions with the Acting Attorney General about overturning the 2020 election fell within his exclusive constitutional authority and were therefore absolutely immune.¹⁷ Courts cannot inquire into a president’s motives. An action does not become unofficial merely because it violates the law.¹⁷ Justice Sotomayor wrote in dissent that the decision makes the president “a king above the law.”¹⁷
A president can now direct the Justice Department to prosecute political enemies. He can order federal law enforcement to investigate, harass, and charge anyone he designates as a threat. He can pardon co-conspirators before, during, or after any scheme. He can fire any official who refuses to comply. If these actions fall within his official duties, he faces no criminal liability. The Court manufactured this immunity from whole cloth. No statute authorized it. No constitutional text required it. No precedent compelled it. Six justices simply declared that presidents need this protection to act “boldly.”
The Court is simultaneously dismantling the independence of federal agencies. In Trump v. Slaughter, currently before the Court, the administration argues that the president can fire Federal Trade Commission commissioners at will, eliminating the for-cause removal protections that have governed independent agencies since 1935.¹⁸ The D.C. Circuit has already ruled that Trump’s firings of Merit Systems Protection Board and National Labor Relations Board members were lawful.¹⁸ If Humphrey’s Executor falls, the Federal Reserve, the FTC, the SEC, the NLRB, and every other independent agency comes under direct presidential control. A president could fire the Fed chair for refusing to cut interest rates before an election. He could purge every agency of anyone who might resist.
Criminal immunity for official acts. Direct control of every federal agency. And now, with the nationwide injunction ruling, illegal orders take effect everywhere except in the specific jurisdictions where individual plaintiffs have standing to sue. The Court has built a legal architecture in which a Republican president operates with essentially no constraint.
Now consider what the same Court does when a Democrat holds office. In June 2023, the Court struck down President Biden’s student loan forgiveness program, a $430 billion initiative affecting over 40 million borrowers.¹⁹ Chief Justice Roberts invoked the “major questions doctrine,” holding that agencies cannot make decisions of vast economic significance without explicit congressional authorization.¹⁹ The previous year, the Court used the same doctrine to strike down the Clean Power Plan.²⁰ In June 2024, the Court overturned Chevron deference entirely, eliminating the 40-year principle that courts should defer to agency interpretations of ambiguous statutes.²¹ The six-justice majority handed every conservative federal judge in the country a veto over Democratic governance.
The student loan program and the Clean Power Plan were not radical initiatives. They were exercises of delegated authority that prior courts would have upheld without controversy. This Court invented new doctrines to stop them. As Justice Kagan wrote in dissent, the Court’s approach “overrules Congress’s decisions about when and how to delegate” and makes the Supreme Court itself “the arbiter, indeed, the maker, of national policy.”²²
SCOTUSblog’s analysis calls this the “who-what duality” of the Roberts Court: expanding presidential power over personnel while restricting presidential power over policy.²³ But that framing is too neutral. The personnel expansions let a Republican president fire anyone who might resist. The policy restrictions prevent a Democratic president from using the administrative state to do anything at all. One president gets to destroy. The other gets blocked from building. This is not judicial philosophy. It is collaboration.
None of these tools will transfer. A Democratic president attempting to invoke the immunity ruling, the removal power, or the elimination of nationwide injunctions would discover new limits, new doctrines, new procedural barriers. We know this because we already have the data. Seventy-seven percent versus ten percent. Nineteen emergency requests in twenty weeks versus nineteen in four years. Same questions, different answers, depending entirely on who is asking.
Here is what all of this means in plain terms. One faction wins elections while losing the popular vote, governs without constraint, and installs lifetime judges who validate the structures that enabled minority rule. The other faction needs supermajorities to win, cannot govern when it does, and watches every policy achievement get struck down by courts it cannot reform. The gears turn freely toward authoritarian consolidation. Try to turn them back and the teeth catch.
This is why nothing ever gets better. Two-thirds of Americans support raising the minimum wage to $15 an hour.²⁴ Seventy-three percent believe the healthcare system needs major change or a complete rebuild, including 67 percent of Republicans.²⁵ Exposed to policies without party labels, supermajorities support them. Yet the federal minimum wage has not moved since 2009. Healthcare remains broken. Housing stays unaffordable. Climate action stalls. Not because these policies are unpopular. Because the system is designed to prevent the popular will from becoming law. Gerrymandered legislatures will not pass them. If they pass, captured courts strike them down. If courts uphold them, the next minority-elected president dismantles them.
Every precondition is met. This is not a warning about where we are headed. We are already here.
The federal government will not save us. It has been captured. Any strategy for preserving democratic governance must begin by acknowledging what we are actually facing. What remains is the ground we still hold at the city and state level, and the willingness to use it.
The Introduction to Soft Secession booklet explains exactly what that looks like: public banking, interstate compacts, criminal prosecutions of federal officials under state law, and revenue strategies that reduce dependency on a captured federal government. It’s free at BuyMeACoffee.com/TheER, along with the Educate Activate Recruit Repeat Method for actually getting these policies passed, Being Dangerous: How to Go from Activist to Operative, a printable trifold you can hand out, and Conservatism: America’s Personality Disorder, the full book explaining how we got here. Physical copies and merch at TheExistentialistRepublic.com.
Live updates: Trump confirms U.S. strikes on Venezuela, says Maduro was ‘captured’
President Donald Trump says President Nicolas Maduro and his wife have been flown out of the country.
Look at the differences between the “hellscapes” right and left imagine if the other is in charge. They tremble at the thought of seeing taco trucks and hijabs, men raising children together, people wearing masks so they don’t get sick. We tremble at concentration camps, bombings, abductions.
(Kenneth Fowler/CNN)
Scottie's Playtime 