
Amicus With Dahlia Lithwick | Law, justice, and the courts Trump Has a Plan for the Midterms, SCOTUS May Help
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Mar 28, 2026 Ian Bassin, co-founder of Protect Democracy and former White House counsel, explains how democracy is retreating fast and why lawyers are changing tactics. He discusses the authoritarian playbook, courts acting as occasional speed bumps while others shift right, threats framed as deceive, disrupt, deny, and why mass participation and organizing are the ultimate safeguard.
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U.S. Decline Faster Than Other Autocracies
- The U.S. has experienced a faster democratic decline under Trump 2.0 than Hungary, Turkey, Venezuela, or Russia since 2016.
- Ian Bassin argues Trump's historic unpopularity and failure to consolidate power quickly may prevent a full electoral autocracy.
How Protect Democracy Chooses Cases
- Protect Democracy uses four questions to pick cases: importance to mission, viable theory, whether others are acting, and internal capacity.
- They expanded from litigation to coalition work when courts alone seemed insufficient in Trump 2.0.
Chicago Case Exposed Federal Lies
- A Chicago case against federal forces produced a 230-page opinion exposing DHS lies and required daily reporting by agency officials.
- The litigation slowed deployments, galvanized public outrage, and helped force DHS to withdraw from Chicago.

