Trump and Musk Are Getting Their Butts Royally Spanked in the Courts
Some 25,000 federal employees will be back at work Monday. Look beyond Capitol Hill: The resistance, in fact, is strong.

You may have seen the headline Thursday that two federal judges ordered the Trump administration to reinstate thousands of fired government workers. This was, certainly, a defeat in court for President Trump and Elon Musk. But it was a lot more than that.
It was a royal spanking. One judge in particular shredded the administration’s arguments and humiliated the lawyer who was arguing the government’s case, all but openly calling her a liar. And it was something else too: a great example of the opposition working for the millions of people who are counting on it.
Let’s start with the sum and substance of the judges’ orders. Some 25,000 federal employees will be back at work Monday. One judge’s order covers the employees at the departments of Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs. The other covers those at Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Transportation, Treasury, and Veterans Affairs, as well as the Environmental Protection Agency, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the General Services Administration, the Small Business Administration, and USAID.
I’m not exactly sure which employees that leaves out. But the two injunctions leave in a hell of a lot of people, people despised and excoriated by Trump and Musk and idiots like Linda McMahon, who called her terminations at the Education Department “a humanitarian thing” and says she took care to keep “the good people.” She has no business running this department—she once lied about having a bachelor’s degree in education. (Remember when that might have mattered to a few U.S. senators? Remember when a president wouldn’t even have nominated such a person?)
The judges’ rulings leave in the people McMahon heave-ho’ed. They leave in the people at the agency (USAID) Musk called a “criminal enterprise.” They leave in everyone at the hated consumer protection bureau. They leave in everyone at the IRS (under the Treasury Department). All of them were unfairly mocked and marginalized, and all of them are back on the job.
Granted, these are temporary injunctions, which last just a couple weeks. We’ll have to see where it goes after that. But if the way the arguments unfolded Thursday is any indication, especially in Judge William Alsup’s San Francisco courtroom, the administration has a long way to go in making arguments the court will find credible.
Alsup more than once called the government’s arguments a “sham.” At one point, he said to Assistant U.S. Attorney Kelsey Helland: “I tend to doubt that you’re telling me the truth.” At another, observing that Helland had no witnesses testifying in support of his case, Alsup said: “You will not bring the people here to be cross-examined. You’re afraid to do so, because … it would reveal the truth. This is the U.S. District Court.… I’ve been practicing or serving in this court for over 50 years, and I know how we get to the truth.”
It was no picnic for the administration in the other courtroom, either. Judge James K. Bredar in Maryland quoted Musk’s line about moving fast and breaking things, saying: “Move fast? Fine. Break things? If that involves breaking the law, then that becomes problematic.”
Complete repudiation. And it’s hardly in just these two courtrooms. Earlier this week, a third (!) federal appeals court ruled against the administration’s efforts to end birthright citizenship. And this week isn’t unusual. On February 25 alone, the administration lost three cases: on the attempted freezing of federal grants and loans, on the payment of foreign-aid-related money to government contractors, and on refugee admissions and funding.
Spank, spank, spank, spank, and spank. The law is kicking their asses. And it’s happening because a lot of people are standing up and making it happen. With respect to the cases heard by Alsup and Bredar, it’s Democratic state attorneys general who brought these suits.
When liberals take the measure of the opposition, they tend to zoom their mental camera in to a very narrow field of view. There’s a lot of complaining right now about Chuck Schumer’s decision to let the House GOP’s spending resolution have the eight Democratic votes it needs to pass the Senate.
Don’t get me wrong, I think Schumer made the wrong decision—a defensive and feeble decision of the sort I’ve seen Democrats make far too many times in my life. They’re always thinking of reasons why they shouldn’t throw caution to the wind and try something bold. Blocking the resolution would have carried risks, and yes; a shutdown might have resulted in even more harm to the American people. But rank-and-file Democrats are pretty tired of watching their party’s leaders mothball their fortitude like this.
The good news, though, is that the resistance isn’t limited to what happens in the halls of Congress. It’s in the hands of those attorneys general. It’s in the hands of governors (at least those who aren’t inviting Steve Bannon onto their podcasts). It’s in the hands of a range of nonprofit litigators who are in many cases, trust me, probably risking their funding and/or their 501(c)3 status, considering who’s in charge of the IRS.
And it’s in the hands of millions of people who are enraged. If you’re not watching Rachel Maddow’s show on MSNBC these days, you should. Every night, toward the beginning, she offers a sampling of that day’s protests and actions around the country—of which there are many all over the country, including in red states and towns. People are registering their shock and disgust at what’s going on.
Cast your gaze a little more widely. The resistance is, in fact, strong, and as the madness multiplies, it’s just going to get stronger.
This article first appeared in Fighting Words, a weekly TNR newsletter authored by editor Michael Tomasky. Sign up here.