The Hidden (But Right Out in The Open) Strategy Donald Trump is Using to Bypass Justice – And What It Means for You

The Jack Hopkins Now Newsletter #302

The Administration's Strategic Use of Slow-Moving Courts: A Threat to Every American Citizen

What a week, eh? Yes, we can say that about almost any week of the last 8-9 years. For some reason, though…upon reflection at the end of any subsequent week, I still think, “Jesus. What a week!”

So…let’s talk about some of the meat and potatoes of this past week.

In the complex realm of American governance, the courts play a pivotal role in maintaining the delicate balance between executive power…legislative authority…and the rights of citizens.

Historically, courts are considered neutral referees of justice…ensuring that laws are applied fairly and consistently.

However, as you are well aware…there has been growing concern that the current administration has exploited the cold-molasses pace at which the judiciary operates… to blast through controversial policies and initiatives that are undermining the very foundations of American democracy.

Under Trump, the “referees” of the judicial system have often seemed to move like someone stoned to the gills…seemingly unable to lift their arms…or even speak.

Our perception of a trudgingly slow pace is likely heightened because we know what is coming in the meantime…that may or may not be reversed by Trump, even if the highest court in the land orders him to do so.

This strategic maneuvering not only raises questions about the functioning of our legal system…but also presents a significant threat to the rights and freedoms of every American citizen.

The Strategic Advantage of Slow Courts

The American judicial system is notorious for its slow pace. Case backlogs… complicated procedural rules…and the sheer volume of legal cases contribute to lengthy delays in the resolution of legal matters.

While this system is designed to ensure careful deliberation and fairness…it can also be a pain in the ass and presents an opportunity for the executive branch to take action that goes unchallenged in the short term…at the very least.

The current administration has adeptly recognized and leveraged this delay…often using it to stay one step ahead of judicial interventions.

A key feature of this strategy is the ability of the executive to take swift…unilateral actions…through executive orders…regulations, or executive actions…that significantly affect the lives of citizens…all while waiting for the courts to catch up.

By the time the courts begin to issue rulings, the damage is already done…or the policy has already been implemented to such an extent that reversing it would be complicated…or even next to impossible.

This delay in judicial review...combined with the administration's ability to act quickly…has enabled the government to shape policies and regulations that could have profound long-term effects without immediate oversight or accountability from the courts.

For instance…policies related to immigration…environmental regulations…healthcare… and voting rights are often subject to swift administrative action. The speed at which these policies can be implemented leaves little time for the judiciary to intervene before they are entrenched.

A Classic Example: Immigration Policies

One of the clearest examples of this strategy in action is the administration’s handling of immigration policies. The administration has taken a series of aggressive actions to alter the U.S. immigration system…including changes to asylum processes…refugee admissions…and the status of undocumented immigrants.

These actions have sparked widespread protests…legal challenges…and public outcry.

However, the slow pace of the courts has allowed these policies to go into effect before any substantive legal challenges can result in court-ordered injunctions or rulings.

Take, for instance…the administration’s attempts to end the Deferred Action for Childhood Arrivals (DACA) program…which provided temporary protection from deportation to individuals brought to the U.S. as children.

While courts have ruled against the administration’s attempts to end DACA…the process of litigation has dragged on for years. In the meantime…the policy has had a lasting impact…with individuals in limbo…families facing uncertainty…and communities destabilized.

The courts, which are supposed to serve as a check on executive overreach…have been unable to provide timely relief to those affected.

One American citizen is being held in an El Salvadorian prison.

Kilmar Abrego Garcia, is in a dirty-ass…violent criminal-infested prison…because of a Goddamned administration error by Trump’s goons. As though that wasn’t shitty enough…he’s still there.

SCOTUS just ruled that they had to bring him home. This is going to be one to watch…very closely. Will he thumb his nose at the nation’s highest court?

If so, we’re in even worse shape than we thought.

While the courts have the power to block specific actions through injunctions, again…these rulings often take time to enforce…and the administration can continue to implement its policies in the interim.

This delay means that by the time the courts do act…the harm caused by these policies may be difficult to undo. Just ask the man in El Salvador who likely has some horrible things happening to him…who likely initially thought, “Once they realize it’s a mistake, they’ll get me the hell out of here, won’t they?!”

Even if the courts ultimately strike down a policy…the interim period during which it was in effect can have far-reaching consequences. Again…ask Kilmar Abrego Garcia, and his family.

Environmental Regulations: A Long-Term Threat

Another area where the administration has capitalized on the slow-moving courts is in environmental policy.

The administration has rolled back numerous regulations designed to protect the environment…particularly in the areas of climate change…air and water quality…and public land management.

These changes are often made quickly…with the administration using executive orders or agency regulations to bypass Congress and implement sweeping changes.

In many cases…environmental organizations and state governments have rushed to challenge these actions in court.

However, given the complexity of environmental regulations and the sheer volume of legal challenges involved…it can take years for the courts to issue a final ruling on these cases.

I don’t think I have to tell you…our planet does not have years of further Earth-trashing actions that it can handle and still come out of it. (At least from what I have read. I’m not an environmental expert. I am looking for one to come on for an episode for my podcast, however.)

In the meantime, the administration’s policies have already led to increased pollution… environmental degradation…and a weakening of climate change mitigation efforts.

Yeah…this pisses me off just as much as the deportation strategies. Allowing further trashing of the planet by big corporations is an assault on all of us…as in every human being on the Earth.

I know “Earth” isn’t usually capitalized. However, I almost always do. I figure anything as important as the planet that sustains us…deserves a capital “E.” I’m sure this isn’t the first time you’ve noticed I ignore many of the “rules” of writing.

Anyway, back to the assault on the planet Earth.

For example, the rollback of the Clean Power Plan…which sought to limit carbon emissions from power plants…has been delayed in the courts for years. While the litigation continues…the Trump administration’s replacement plan (the Affordable Clean Energy rule) remains in effect…leading to an increase in greenhouse gas emissions.

Even if the courts ultimately rule against the administration’s actions…the environmental damage may already be irreversible…or incredibly difficult to undo.

This reflects the broader danger of relying on the Tortise-like pace of the courts to provide justice in cases with….long-term consequences. “Consequences” doesn’t even seem like an appropriate word here.

Consequences are what happens when you turn your homework in late. Causing swarms of people over 60 to eventually succumb to heat stress…and die… yeah…there’s a better word than “consequences.” “Cruelty” is a much better fit.

A Threat to Democracy: Erosion of Oversight

The most profound threat posed by this strategy is the erosion of the checks and balances system that underpins American democracy. AMERICAN FUCKING DEMOCRACY.

The courts, as an independent branch of government…are supposed to act as a counterbalance to the actions of the executive and legislative branches.

However, when Trump is able to implement policies and initiatives faster than the judiciary can respond…it undermines the entire system of oversight and accountability.

This is particularly troubling because the court system is designed to protect individual rights and freedoms…ensuring that the actions of the government do not infringe upon the Constitution.

Millions of us took freedom for granted…for years…or our entire lives…until BOOM.

When the courts are slow to intervene…it allows the government to impose policies that may violate citizens' rights before the judiciary has a chance to weigh in. (Does that statement seem redundant? I sure hope so. Repetition is the mother of learning, and some things are worthy of pushing to long-term memory.)

This leaves vulnerable populations…whether they are immigrants…minorities…or other marginalized groups…at the mercy of an executive branch that is free to act with little fear of immediate legal consequences. That’s bad juju. Real bad.

And…of course…the slow pace of the courts means that public discourse on key issues becomes clouded by misinformation…fear…and uncertainty.

Citizens are left in a state of confusion…unable to fully understand the implications of government policies until the courts finally render a judgment.

This delay prevents citizens from fully exercising their rights to challenge governmental actions and engage in informed political discourse. (Yes…that was another sentence of very intentional redundancy. It absolutely was.)

The Way Forward: Strengthening the Role of the Courts

In order to mitigate the dangers posed by the administration’s use of slow-moving courts…it is essential to reform the judicial system to ensure more timely and effective responses to executive overreach.

I’m sure you see the problem with this solution. We need changes like this…right NOW.

Yes…if and when we could get this done…it could involve increasing funding for the judicial branch to expedite the resolution of cases…improving the efficiency of the court system…and enhancing the transparency of judicial proceedings.

But…for right NOW….solutions like this are a day late and a Million Dollars short.

That’s why Joe Walsh and I immediately agreed on our Substack LIVE last night…that, ultimately, it’s WE, THE PEOPLE, who will have to fix this. As Joe suggested, “I don’t know exactly what that looks like…but I know it will come down to that.”

Within the context of this article, I interpret that as “The American people don’t have time constraints or delays we must deal with. If we wait…or delay…it’s because we’ve made that choice.”

In the meantime…. the courts must remain an active and responsive check on the power of the executive branch…ensuring that the rights of citizens are protected and that the principles of democracy are upheld.

Two or three weeks ago, I posted that it was a strange but welcome feeling to think that Amy Coney Barrett may play a role in helping derail…or at least delay some of Trump’s most evil acts.

Okay….take a deep breath….relax….I know seen that name might have caused your heart-rate to increase. Understandable.

However, I’ve seen evidence of her willingness to be that person…at least on some issues…and…you know what…I don’t feel we’re in a position to have an “all-or-nothing” attitude. I’ll take any vote of hers that we can get for democracy.

Given the BS we’ve endured the last 8-9 years, some people were rankled that I had Congressman Don Bacon on my podcast recently, and…that’s fine. On one level, I absolutely understand.

On another level, however…I don’t give a shit that they didn’t like it. Here’s why.

Don Bacon has spoken out as a supporter of Ukraine, bashed Putin as the cold-blooded killer that he is, and posted his condemnation of Trump’s policies. In 2025, that means something to me. Oh, yes…when I mention this, some comment, “Yeah, well, how has he voted?!”

Hey, I didn’t say the guy is perfect or doing everything he could be doing for democracy….but…Goddamnit, if we aren’t willing to recognize the small but important steps someone like Bacon is taking…and then be appreciative they are doing so…then we are truly fucked. I mean “Fucked” with a capital “F.”

Joe Walsh said last night (and I’m paraphrasing), “When I say ‘only the people can fix this,’ I mean by aligning in the name of democracy. If we insist on thinking of every Republican as our ‘enemy,’ we’ll be fighting each other (and that’s what Trump wants) rather than working together to preserve democracy. We’ll be playing right into Trump’s hands.”

As bitter of a pill as that might be to swallow (I know it is for me), I have to say, when I’m thinking about what has a chance of working and what will never work…I have to agree with Joe.

Trump is counting on us to do what we feel like doing emotionally. Unharnessed, primitive emotions lead to bad decisions. It’s how he’ll crush us.

Only by harnessing our anger and fear and using them only for our energy and drive… but not to make our decisions…can we have a chance.

Will we succeed? I have no idea. I don’t.

I do, however….know that I will assume we will…every Goddamned day of my life… until the last breath has exited my body. Any other way of thinking is to defeat myself. I’m not big into kicking my own ass.

For now, it’s so important to remember that the current administration’s strategic use of the slow-moving court system to push through controversial policies…presents a wicked threat to the rights and freedoms of every American citizen.

Because of this, Trump can enact policies that cause long-term harm to vulnerable populations before the courts intervene. Any president before him…could have done the same thing. For the most part, however…they did not. None in my lifetime were as screwy as this prick is.

While, in theory, it’s up to the courts to do their job as quickly as possible, even your average dip-shit knows this isn’t the solution, should there be one.

The solution…will only be…and only can be….WE, THE PEOPLE. Embrace that…because it’s a simple and undeniable fact. Denial of that fact will out the stake through the heart of freedom.

I have no interest in that outcome, do you?

That’s it for now.

Best,

Jack