Court Tester

In just a few short weeks, President Trump’s administration has repeatedly tested the balance of power in the government. Vice President Vance even wrote on social media that judges “aren’t allowed to control the executive’s legitimate power.” (That isn’t true.)

When the administration tried to freeze federal funding to states, state officials sued to stop it, writing that it would hold up funding for health departments, disaster relief, law enforcement, education systems, and more. The administration pushed back and tried to appeal but was denied. On Monday, Pennsylvania Gov. Josh Shapiro confirmed that funds are on their way to his state.

And when Trump tried to ignore the Constitution to deny citizenship to some U.S.-born children, the executive branch was hit with multiple lawsuits almost immediately. That order has been put on hold, too. (The administration could still take it up to the Supreme Court.)

Here’s the good news: The framers of our Constitution prepared for this. That’s why they made the executive branch and the judiciary coequal in our system of government.

States United released a new poll this week that confirms Americans want to keep it that way. A vast majority — nearly 70% — said that they agreed that the president should respect court rulings, even when they don’t go his way. That includes majorities of Democrats, Republicans, and independents alike.

It matters that the officials who represent those Americans — especially state officials, like governors and attorneys general — call out when the balance of power is being tested and push back. It’s important that the people know if their president is flouting the rule of law. Because in America, the government is made to serve the people, not the president.

➡️ EXPLORE: Americans Agree: The President Should Respect Court Rulings

This Week in Democracy

• In a move that threatens to limit press access, the Trump administration said it would begin selecting which media outlets will be able to cover President Trump’s day-to-day activities. The change strips the authority from the White House Correspondents’ Association, an independent group of journalists.

  “It is essential in a democracy for the public to have access to news about their government from an independent, free press,” editors of Reuters, The Associated Press and Bloomberg News said in a statement. “We believe that any steps by the government to limit the number of wire services with access to the President threatens that principle.”

• Three nominees for top positions at the Justice Department faced questions about whether Trump or his administration could ignore court orders. Some dodged the questions, and some suggested there may be instances where they could do so. (There aren’t.)

  A new poll from States United shows nearly 70% of Americans believe that Trump should respect court rulings, even when they rule that his administration’s actions are illegal or unconstitutional. That includes majorities of Democrats, Republicans, and independents.

  ➡️ EXPLORE: Americans Agree: The President Should Respect Court Rulings

• The Supreme Court declined to intervene in the Trump administration’s attempt to fire Hampton Dellinger, the head of an independent agency that protects federal workers. After the ruling, Dellinger said some of the administration’s mass firings of federal employees appeared to be illegal, and that his office would seek to pause them.

  In a separate case, a federal judge on Thursday ruled that the Office of Personnel Management (OPM) broke the law when it instructed other agencies to fire thousands of federal employees. “OPM does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees within another agency,” he said. The judge instructed OPM to rescind its instructions.

• At a hearing on Monday, a federal judge said she had “concerns” that the White House’s Department of Government Efficiency (DOGE) was being run unconstitutionally. She pointed out that the Constitution requires leaders of federal agencies to be nominated by the president and confirmed by the Senate — a process that nobody in DOGE leadership has gone through.

  On Tuesday, 21 DOGE employees resigned in protest of the department’s work. “We will not use our skills as technologists to compromise core government systems, jeopardize Americans’ sensitive data, or dismantle critical public services,” they wrote in their resignation letter. One of the employees later confirmed in an interview with NPR that Americans’ personal data — including from the Social Security Administration — has been mishandled by DOGE.

• The Trump administration is attempting to force state and local authorities to support its immigration enforcement efforts. The administration sued Illinois and New York to challenge the states’ authority to set their own law enforcement priorities.

  But states have the authority to set the law enforcement and public safety priorities that work best for their communities. Shifting local law enforcement’s focus away from keeping their residents safe to enforcing the federal government’s priorities instead poses a serious threat to public safety.

  ➡️ READ: Sharing the Facts About State and Local Authority to Set Public Safety & Law Enforcement Priorities

State of the States

In Michigan, a disciplinary board denied Sidney Powell’s latest request to drop the attorney misconduct charges she faces. Powell, a Texas attorney and Trump ally, is facing the misconduct charges as a result of frivolous election fraud lawsuits she filed seeking to overturn the results of the 2020 presidential election in Michigan. She pleaded guilty to six charges in the Georgia election interference case in 2023.

Celebrating Black History Month

Throughout our nation’s history, Black Americans have been at the forefront of the work to defend American elections and the rule of law. From the civil rights movement to today, they have worked — as voters, election officials, state leaders, and more — to fulfill the promises of democracy.

In the face of growing threats to the rule of law, Black Americans are continuing to defend the rights of all Americans. You can read more about how several Black state attorneys general are standing up for the rule of law right now on our LinkedIn, Threads, and Bluesky profiles.