The “Self-Evident” Case for Opposing Tyranny

A guest column by Trevor Potter, Founder and President of Campaign Legal Center, a strategic partner of Bright America

BY TREVOR POTTER

My role as a democracy advocate began more than 30 years ago when I joined the Federal Election Commission to fix systemic flaws in our campaign finance system that make government less responsive to the needs of the American people. Today, we face an epidemic of public distrust, disillusionment and even desperation — conditions that are being worsened and exploited by a president seeking to wield power in ways that have devastating and sometimes tragic impacts.

Making democracy work better for everyone is at the core of our efforts at Campaign Legal Center. The threat posed by Donald Trump’s actions in his second term has made it abundantly clear that we need to act boldly to protect America’s founding principles — the same principles we celebrate every July Fourth.

This year, the holiday marks the start of a countdown to America’s 250th year of independence. What our country looks like on July 4, 2026, very much depends on the success or failure of actions taken today to preserve the ideals outlined in the Declaration of Independence and enshrined in the U.S. Constitution.

On the last day of its 2024-2025 term, the U.S. Supreme Court threw a grenade onto the battlefield where this fight for our founding liberties is playing out: in the judiciary’s lower courts, where plaintiffs’ attorneys and government lawyers engage in high-stakes legal fights over questions that have profound implications for millions of Americans. The legal question involved is when district courts may issue nationwide injunctions against executive branch actions they find unlawful or contrary to the Constitution.

The 6-3 majority in Trump v. CASA overturned decades of legal precedent and limited the power of the lower courts at a time when the judiciary is the only branch of government serving as a check on President Trump’s dramatic drive for almost complete executive power.

Attempts to describe this administration’s quest for total control over our government often lean heavily on the word “authoritarianism.” I worry that using a political science word to describe this threat causes some to glaze over. Our discourse these days is full of grand terms that do not adequately communicate the significance of this moment for “We, the people.”

The core of the problem is that the current occupant of the White House has abandoned his oath to “preserve, protect and defend the Constitution of the United States," preferring instead to govern like the very king against whom this country rebelled in 1775, where every whim of a single person is acted upon as if it were the law of the land, while also demanding unquestioned loyalty.

This is the essence of authoritarianism, whether practiced by a king or a dictator or a “Leader.” But to comprehend what this means in practice for Americans, it’s best to look at how the Trump administration is warping everyday life in ways that would have been unthinkable prior to January 20, 2025.

The administration routinely denies due process to those who are detained by the government (often seized on the streets by masked men without identification), only relenting if courts force them to do so — and sometimes not even then.

Americans exercising their freedom of speech now legitimately fear a violent response from the government following the seizure of individuals on visas who voiced their political views. Journalists are turned away at our borders due to articles they wrote. Law firms are attacked by the president because of statements or representations by lawyers they hired.

The executive order process has been abused beyond recognition. Perhaps the most outlandish example being an order seeking to defy the Constitution’s guarantee of American citizenship for anyone born in this country.

A wide-ranging intimidation campaign using the power of the executive branch has been launched at individuals (including former Trump administration officials), universities and others viewed as critics of the president or deemed disloyal to the president’s agenda. This notably includes Trump ordering or threatening investigations by the U.S. Department of Justice and the Internal Revenue Service — the kind of interference with the rule of law we have not seen in this country since the Nixon administration.

Confronting Threats to Fundamental Freedoms

Campaign Legal Center’s efforts to oppose Trump’s authoritarian agenda are already underway and will be expanding in the face of these escalating threats.

We went to court in March representing organizations whose members are suffering directly from unlawful, unconstitutional cuts to federal spending and the federal workforce by Elon Musk and the U.S. DOGE Service.

In late April, Campaign Legal Center — representing a wide-ranging group of plaintiffs — sued the Trump administration to stop an illegal executive order that seeks control over our elections and could deny the freedom to vote for millions of Americans if fully implemented. Major portions of the order have subsequently been put on hold by the courts.

Winning these legal battles and others like them is key to countering current efforts to weaken the checks and balances that uphold the separation of powers. Such tactics are commonly associated with authoritarian governments seeking to consolidate power and impose their will without the consent of the governed.

Our expanded legal efforts to challenge unlawful and improper Trump administration actions will also focus on preserving the freedom of speech by defending the First Amendment rights of dissenting voices. No American should be afraid of retaliation for saying what they believe. When government power is directed at quashing political dissent, or suppressing disfavored speech, fierce advocacy in defense of fundamental rights is needed.

In an atmosphere where some have chosen to shrink from these fights, Campaign Legal Center is ramping up our capacity to meet the moment. Indeed, with the Trump v. CASA ruling curtailing the ability of courts to issue rulings that apply to the whole country, more lawsuits (and more lawyers) will be necessary to limit the impact of executive overreach.

Fighting for a Better Democracy

We wage legal and policy battles today to preserve the opportunity for progress in the future. Just recently, in the midst of a whirlwind debate in Congress over controversial tax and spending legislation — the so-called “big, beautiful bill” — Campaign Legal Center and our partners were able to successfully lobby for the removal of two provisions that would have directly harmed our democracy. One related to removing the power of federal judges to find administration officials in contempt of court for ignoring judge’s orders, and the other would have prohibited states from regulating artificial intelligence in elections.

Going forward, to restore faith in our system of governance, we must focus on making our democracy stronger.

• We must strive for an electoral process where every voter is confident in their ability to participate, where they feel heard by their representatives and where fair voting maps honor the principle of one person, one vote.

• We need lawmakers of all stripes to embrace commonsense reforms that prevent special interests and billionaires from dominating the political process at the expense of everyday voters.

• We also must preserve and strengthen robust oversight mechanisms to ensure government officials behave ethically and prioritize the interests of the American people over their own self interests.

• Finally, we must build support for proven electoral solutions that encourage political consensus-building as opposed to the current polarization that makes our government less responsive to the needs of its people.

Campaign Legal Center has been and will continue to be engaged on each of these fronts in partnership with citizens and organizations that believe in the promise of democracy. This Independence Day and in the many days to come, we must honor the struggles of the past 250 years and the freedom we have as Americans by vowing to work together to make that promise a reality.