The Sharks Circling the Boat, Democracy Docket
Red background with “I Voted” stickers faded, and a blue sailboat with sharks circling it.
This article, “The Sharks Circling the Boat…” is reproduced from the original piece by Marc Elias, published on March 19, 2025. It delves into the immediate threats to democracy, focusing on the legal challenges posed by the Trump administration and the vulnerabilities of our judicial system. With a conversational tone and actionable insights, this piece remains as urgent and relevant today as when it was first written.
When I started my law firm back in 2021, one of the best pieces of advice I received was to focus on “the shark closest to the boat.” It’s a simple yet powerful idea: when you feel overwhelmed, step back and tackle the threats that pose the most immediate risk.
Today, our democracy feels like that small boat, surrounded by sharks. Donald Trump’s “flood the zone” strategy is designed to overwhelm us—to paralyze us with fear, hopelessness, and a sense of abandonment. And in many ways, it’s working.
Since Trump’s election, we’ve looked to institutions to protect us from his authoritarian impulses. But one by one, they’ve failed us. The media? It signaled early on that it wasn’t up to the task. The wealthy and business elite? They’ve largely capitulated. Republicans in Congress? They’ve made it clear they won’t stand in Trump’s way. Meanwhile, the executive branch has been packed with loyalists, and nonpartisan civil servants are being purged.
So, what’s left? Our only real defense—imperfect as it is—has been the courts. But even that last line of defense is now under attack.
Why the Courts Are Vulnerable
Let’s break this down in a way that’s easy to understand. For courts to act, they need skilled lawyers willing to challenge government actions. These cases are often highly technical, requiring expertise in specialized areas of law. Historically, large law firms have been a critical source of this expertise.
But here’s the problem: Trump has been systematically targeting these lawyers. He’s demonized them, revoked their security clearances, and even barred them from entering government buildings. More recently, he’s issued executive orders targeting entire law firms, creating a chilling effect across the legal profession.
The result? Many lawyers and firms are now too afraid to take on cases that challenge Trump. While smaller firms and nonprofits are still fighting, sidelining Big Law means some plaintiffs won’t get the representation they need. This alone could be the shark that sinks the boat.
The Bigger Threat: Ignoring Court Orders
But there’s an even graver risk: the possibility that the Trump administration could simply start ignoring court orders altogether. I’m not talking about the usual legal maneuvering—like feigning confusion or making bad-faith arguments. I’m talking about outright defiance.
Imagine this: the Trump administration announces it won’t comply with a court ruling. That would trigger a full-blown constitutional crisis—one we’re not prepared to handle.
The framers of the Constitution assumed Congress would act as a check on executive overreach, using tools like impeachment. But with Republicans unwilling to stand up to Trump, that’s no longer an option.
What Can We Do?
It’s easy to feel overwhelmed. The sharks are everywhere. But if we don’t focus on the ones closest to the boat, we’re in even greater danger.
Here’s where we need to direct our energy:
- Protecting Lawyers and Law Firms: We must support the legal professionals willing to take on these cases. Whether it’s through funding, public advocacy, or simply amplifying their voices, we can’t let them fight alone.
- Defending the Courts: The judiciary is our last line of defense. We need to ensure it remains independent and that its rulings are enforced.
- Holding Trump Accountable: Trump is the greatest threat to our democracy. His attacks on the legal system and his willingness to defy court orders are existential threats.
Final Thoughts
The sharks are circling, and the boat feels fragile. But if we focus on the immediate threats—the sharks closest to the boat—we can still steer toward safer waters.
The next time you feel outraged about another issue, remember: these are the battles that demand our attention right now. Our democracy depends on it.
#DemocracyUnderThreat #RuleOfLaw #TrumpAccountability #LegalDefense #ConstitutionalCrisis
