Monday, February 9, 2026

Troops on the Streets. Democracy in Peril 


Early final October, I discovered myself standing in line to enter a federal courtroom in Portland, Oregon, 100 miles from my dwelling within the school city of Eugene. The scene was an emergency listening to, convened by a choose appointed by Donald Trump, to think about the administration’s plan to “federalize” models of the Oregon Nationwide Guard and—in opposition to the protests of the state’s governor and the town’s mayor—flip them free on Portland’s streets to dam protests in entrance of the ICE facility within the Southwest waterfront neighborhood.  

Trump had proclaimed that the town of some 650,000 was “war-ravaged” and that the U.S. Armed Forces had been wanted to regulate “rioters.” 

The listening to was a mix of hyperpolitical authorized argument and excessive drama. Each the choose and attorneys understood that this was the opening shot in an extended battle over native management of our streets and freedom from army rule.  

Quickly after, Choose Karin J. Immergut issued an injunction in opposition to the administration, ordering them to maintain federal troops off the streets. As is usually the case, the Division of Homeland Safety intentionally disobeyed that order, sending one unit of Nationwide Guard Navy Police to the power. The choose requested why, and the federal government—in essence—shrugged.  

I additionally discovered myself later that day, standing in entrance of that ICE facility, watching as my fellow Oregonians pranced up and down the road wearing animal costumes. A number of days later, the protesters held salsa dances and aerobics lessons on the street, whereas the costumed critters had been joined by bicyclists who, as a part of an “Emergency Bare Bike Experience,” wore rain ponchos or nothing in any respect.  

These fellow Individuals—outraged however peaceable and humorous—had been the “risk.” They had been the “struggle.” To paraphrase Walt Kelly’s Pogo, Donald Trump met the “enemy inside,” and he’s us.  

The Portland lawsuit—Oregon v. Trump—is ongoing.  

A number of weeks after my go to to Portland, I used to be within the fishing village of Newport, Oregon, the place Homeland Safety had taken a approach a rescue helicopter wanted by fishers plying probably the most harmful fishery within the U.S. Although DHS didn’t clarify why it was eradicating the helicopter the individuals of Newport had fought for, it quickly grew to become clear that the plan was to transform the air station into an ICE detention heart—one that will, in response to official plans, generate 10,000 gallons of human waste a day. The plan has to this point hit a serious roadblock—it’s opposed not solely by native authorities but additionally by a formidable drive known as Newport Fishermen’s Wives, “a non-profit company of fishermen’s wives, moms, daughters, and pals, supporting a powerful sense of group serving to to additional the causes of business, security, seafood schooling, and household assist.”  

I’ve felt fortunate this fall and winter to be current at these skirmishes within the battle for the soul of our nation. Trump plans to transform cities and cities all throughout the nation to jail websites for his deliberate mass deportation. He needs troops on the streets to supervise our public life and our elections. However in communities in all places in America—crimson states and blue—unusual persons are standing up and saying no to mass arrests and secret detention camps. It’s teams just like the Fishermen’s Wives in Newport, or the Portland World Bare Bike Experience and Medical doctors For Democracy in Portland. Their battles are being fought nonviolently in federal trial courts, metropolis councils and county commissions, state legislatures and planning businesses, and on the streets, the place unusual residents are protecting alive the cherished American proper to protest.  

To applicable a typically misused phrase, these persons are doing politics proper.  

I’ve the privilege of following these battles day after day. As Authorized Affairs Editor of The Washington Month-to-month, I’m making an attempt to watch these native battles. Happily, they’re being fought at a time when hearings, filings, and opinions can be found on-line. So I spend a lot of my day hunched over a pc studying authorized prose in small kind. I’ve been in and round journalism, man and boy, for half a century; by no means have I seen tales as essential, as straightforward to cowl, and (alas) as under-reported as these.  

And after talking with Washington Month-to-month Editor-in-Chief Paul Glastris, we’ve got agreed that these will likely be my focus for a lot of the subsequent 12 months. The instances will work their approach by means of the courts. Appeals will likely be determined, and what’s essential is how trial judges stand as much as shameful assaults by the MAGA motion, and the way efficiently unusual individuals set up themselves and prove for public boards and authorities hearings.  

I spent ten years masking the U.S. Supreme Courtroom earlier than becoming a member of the Month-to-month in a part-time gig as Authorized Affairs Editor. That after-proud Courtroom (as I wrote in a cowl piece for the journal in 2022) appears an increasing number of like a style accent to Emperor Trump’s New Garments. That story is properly lined, however allegiance to the legislation has not disappeared—courageous immigration attorneys, state and federal judges, native officers, and members of Congress—nonetheless maintain the Structure and the rule of legislation of their hearts. And that’s what counts—that’s what I would love the Month-to-month to assist nurture within the 12 months forward.  

Folks wearing inflatable costumes discuss with Portland law enforcement officials outdoors a United States Immigration and Customs Enforcement (ICE) facility on Tuesday, Oct. 21, 2025, in Portland, Oregon. Credit score: Related Press

“I usually ponder whether we don’t relaxation our hopes an excessive amount of upon constitutions, upon legal guidelines, and upon courts,” the nice Choose Realized Hand wrote in 1944. These are false hopes; consider me, they’re. Liberty lies within the hearts of women and men; when it dies there, no structure, no legislation, no courtroom can reserve it; no structure, no legislation, no courtroom may even do a lot to assist it. Whereas it lies there, it wants no structure, no legislation, no courtroom to put it aside.” 

Prior to now weeks, I’ve seen that spirit alive within the safety-minded wives of fishermen, within the rubber frog costumes and revealing ponchos of avenue protesters, and within the braveness of federal judges who refuse to bend the knee. I’m immensely grateful to the journaland to you, our readers—for the prospect to see and admire that spirit because it lives throughout America as we speak. 

The Washington Month-to-month is dependent upon readers such as you. With out your assist, we are able to’t produce the sort of impartial journalism you’ve come to count on. Please assist us. For $50, your tax-deductible contribution will get you a 12 months of the print journal.  

We thanks. 

All one of the best, 

Garrett Epps 

Authorized Affairs Editor 

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