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In Donald Trump’s first term in office, the American Civil Liberties Union filed four hundred and thirty-four legal actions against the first Trump Administration. Since Trump’s second Inauguration, the A.C.L.U. has filed cases to block executive orders ending birthright citizenship, defunding gender-affirming health care, and more. If the Administration defies a judge’s order to fully reinstate government funds frozen by executive order, Anthony Romero, the A.C.L.U.’s executive director, says, we will have arrived at a constitutional crisis. “We’re at the Rubicon,” Romero says. “Whether we’ve crossed it remains to be seen.” Romero has held the job since 2001—he started just days before 9/11—and has done the job under four Presidents. He tells David Remnick that it’s nothing new for Presidents to chafe at judicial obstacles to implement their agendas; Romero mentions Bill Clinton’s attempts to strip courts of certain powers as notably aggressive. But, “if Trump decides to flagrantly defy a judicial order, then I think . . . we’ve got to take to the streets in a different way. We’ve got to shut down this country.”
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An earlier version of this article misidentified the type of legal action taken against the Trump Administration.