by Rod Williams, Sept. 23, 2026 - If not for the Federal Courts, including the US Supreme Court, Donald Trump's authoritarian project would be much further along. The courts have frustrated Trump's trampling of the Constitution. While Congress has folded and will endorse and excuse any Trump excess, the Courts have held the line.
Some criticize the Courts for not doing more. When the Courts rule in a way someone doesn't like, they are often quick to denounce the Courts. They think the courts should be advancing policies which are popular, or with which they agree. I don't. The Courts are not a policy-making body, and they should not be. They are to call balls and strikes, not follow the polls or public opinion. I am much more concerned about process than policy. I do not want the Courts to be making policy.
Traditionally, it has been liberals who believe the Courts should interpret the Constitution in light of current political values and should advance the cause of "social justice." Liberals have believed in a "living Constitution." Conservatives, on the other hand, have traditionally been "originalists" or "textualists," and have believed the Constitution should be interpreted in light of what the founders intended. Now, however, many conservatives believe the Court should always vote with Trump. They seem to believe the Constitution should be interpreted to let Trump do whatever he wants.
We should be thankful for the Courts curtailing Trump's worst instincts and thankful to those who represented the plaintiffs in bringing suits. There are two organizations that I proudly support with my financial giving that are beating the Trump administration in the Courts. One is FIRE (Foundation for Individual Rights and Expression), and the other is the Institute for Justice.
I have been a supporter of these two organizations for years. I was supporting them before the era of Trump. Before Trump, they were usually fighting liberals and defending against constitutional violations perpetrated by liberal governments or universities and were considered conservative organizations. These two organizations now find themselves most often defending victims of Trump's constitutional violations. The organizations have not changed; the perpetrator of constitutional violations is now primarily the Trump administration. These organizations are consistently defending the Constitution, regardless of the political identity of the offender.
I know in the age of Trump many feel powerless in standing up to Trump. There are things one can do to make a difference, and one is to support the organizations that are battling Trump in the Courts. Please consider making a contribution to these two exemplary organizations.
Below is an email letter I received today from the Institute for Justice, detailing two recent victories for the Constitution and defeats for Donald Trump and those doing his bidding.
Dear Mr. Williams,
As you know, we have a very busy fall here at IJ with our three upcoming Supreme Court arguments. But I am happy to report that we’ve already had a double win this week: two major victories defending the Fourth Amendment and holding government agents accountable when they violate our constitutional rights.
The first victory came in Alabama, where IJ defended Leonardo Garcia Venegas, an American citizen who was detained by federal immigration agents while working at construction sites—not once or even twice, but three times.
Twice last year, officers entered Leo’s private job sites without warrants, detained him, and refused to accept his REAL ID. Earlier this year, they followed him home and, despite his attempts to show his ID again, tackled, handcuffed, shackled, and locked him in the back of a car.
This week, a federal judge ordered immigration officers to stop conducting warrantless raids of construction sites, stop detaining people without individualized suspicion, and immediately release workers who present evidence of legality, including REAL IDs.
The second victory came from the 5th Circuit, where IJ client Mario Rosales challenged a traffic stop that never should have happened.
In 2022, Mario and his girlfriend, Gracie, were pulled over on a false pretext of not using a turn signal by officers fishing for evidence of crime. Officers detained Mario, questioned him, and frisked him without justification. The Constitution protects against this stop-first-justify-later form of policing.
Last year, Mario achieved a major victory when a federal district court ruled against the officers and the city of Alexandria, Louisiana, allowing Mario and Gracie’s lawsuit to proceed. But (of course), the officers appealed on the grounds of qualified immunity, arguing their search and detainment of Mario and Gracie was not clearly unconstitutional.
Yesterday, the 5th Circuit ruled that Mario can move forward with his claims and denied qualified immunity on the core Fourth Amendment violations at issue in his case.
These victories matter far beyond Leo and Mario. They reinforce that government officials can’t ignore constitutional limits simply because they find them inconvenient.
It’s been a very good week for liberty so far! Many thanks for your support
Scott
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