Enormous attention has rightly been paid to Donald Trump’s authoritarian attacks on pillars of civil society, including media, law firms, and universities. But his assault on another front that is no less important has somehow escaped similar public focus: his war on unions. Indeed, Trump’s latest anti-labor executive order came on Thursday, perversely within minutes of his issuing his Labor Day message! Fortunately, as we prepare to celebrate Labor Day 2025, unions are fighting back in the courts of law and of public opinion, and Americans are waking up to the threat-–including with the support of you, Contrarians!
To see what Trump is up to, take Executive Order 14251, signed back in March. It reclassifies dozens of federal agencies as “national security” entities—and so not legally subject to collective bargaining. Thursday’s new EO added a few more at places where unions have been particularly vocal in litigating against the regime and for democracy.
But it is ridiculous to claim that the likes of the Animal and Plant Health Inspection Service or the Bureau of Land Management are national security agencies. The administration let slip what's really going on here in the release accompanying the March 27th executive order: revenge. “Certain Federal unions have declared war on President Trump’s agenda. The largest Federal union describes itself as ‘fighting back’ against Trump.”
More recently, in Thursday’s order, we see an attempt to strip workers at Voice of America of their union rights after a coalition led by AFSCME (and including yours truly) secured a series of court victories pushing back on the effort to destroy that agency. That is still more evidence of Trump’s unconstitutional retaliatory motive.
But unions keep fighting back. AFGE is serving as lead plaintiff for the rest of the labor movement, winning a preliminary injunction preventing the government from implementing the initial order. A San Francisco federal judge ruled that it likely violates the First Amendment for retaliating against the unions’ fight for our democracy. Unfortunately, a three judge panel of the Ninth Circuit Court of Appeals (two of whom were Trump appointees) stayed the order pending appeal, with briefing now underway. Fortunately, another one of the judges on the Ninth Circuit proposed that it hear the case en banc on appeal and the court is deciding whether to do that.
The appeal is where you Contrarians come in. On Friday, my colleagues and I filed an amicus brief on behalf of former Cabinet secretaries, agency heads, and other high-level former federal officers and employees. We explained that national security does not justify eliminating union coverage for two-thirds of federal employees not working in national security jobs. Because we at The Contrarian are owned by no one, all profits from your paid subscriptions go to support pro-democracy litigation like this.
The brief describes the extraordinary overbreadth of Trump’s order relative to the size of the actual national security workforce. You can see that clearly if you compare it with EO’s issued by Presidents Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, and Barack Obama, and even Trump in his first term. The orders issued by those former presidents carefully covered only the precise parts of departments and agencies that have “a primary function” of protecting national security (as the law requires).
But Trump in his second term is hell bent on destroying labor. So he excluded entire departments and agencies, including, for example, all of the Environmental Protection Agency and the General Services Administration. The brief states (internal quotation marks omitted): “Amici are committed to the vigorous protection of national security, but also the vigorous protection of the constitutional rights to speak, associate, and protest against government action. Amici believe the Order infringes those fundamental rights in a manner that is not plausibly related to protection of national security and that it would be tragic…if, in the name of national defense, we would sanction the subversion of one of those liberties . . . which makes the defense of the Nation worthwhile.” And Contrarians, you were in good company in backing this brief. Signers are a who’s who of over 90 officials who were appointed by and worked under Republican and Democratic presidents: seven former Cabinet secretaries (Jennifer Granholm, Xavier Becerra, Kathleen Sebelius, Donna Shalala, Bruce Babbitt, Deb Haaland, and Janet Yellen), other agency heads (William K. Reilly, Gina McCarthy, Carol Browner, and Samantha Power), former general counsels, chief human capital officers, and many others.
But your support of labor does not stop there. The administration also tried to make an example at the Transportation Security Administration, where the Department of Homeland Security is illegally asserting the right to decertify–destroy–the union, an AFGE affiliate, that represents TSA workers. This attack appears politically motivated as well: DHS did not attempt to decertify the Customs and Border Patrol union, despite that CBP and TSA carry out similar duties in DHS. But the CBP union endorsed Trump, and the TSA union did not.
Here, too, a federal court, this one in Seattle, issued an injunction because of the likely legal violations. So far, the injunction has stuck–and my colleagues and I were proud to be a part of the winning team. You know what that means: You were part of it because your paid subscriptions also support my legal work.
And there is even more you can do about it in addition to supporting the litigation through your Contrarian subscription. Get your good walking shoes and prepare to demonstrate on Monday. You can find a protest site near you at workerslaborday.org. And prepare to tune into our Contrarian coverage of it all at the end of the day at 8pm ET.
What will you be marching for?
First, those federal employee unions not only safeguard collective bargaining rights for over a million government workers, but they protect us all. For example, the TSA union is a primary channel for airport safety complaints (which is why the flight attendants’ association joined the litigation as a plaintiff).
The story is the same at the dozens of agencies Trump’s EO are attacking. At Veterans Affairs, labor is an important vehicle for identifying failures in serving our veterans. At the Agriculture Department, the union is how workers raise issues when the agency is failing to keep our food supply safe. And on and on.
Second, Trump's openly retaliatory purpose in many of these actions is unconstitutional and wrong, no less so than his assault on the media, law firms, and universities, and so no less deserving of our support. If attacks on law firms consisting of thousands of attorneys or Harvard's foreign student body of over 6,000 matter legally and morally – and they do – so does targeting over 1 million unionized federal workers and the rest of the labor movement.
Third, damaging labor also weakens the entire pro-democracy coalition, perhaps fatally. The comparative scholarship and practice of democracy shows that unions are a central organizing force against autocracy in country after country. That is why the Orbans and the Erdogans often start by undermining trade unions. If they knock labor down, they can advance their illiberal aspirations. Conversely, trade unions remain strong–they can reverse democratic backsliding.
That strength is backed up by the ultimate guardrail in our democracy: the American people. We can show up for the court hearings, demand press coverage and congressional action, and even make "no union busting" a theme in the massive and growing public protests against authoritarianism. (That will be what my sign says at the protest–look for it!)
We must act like the survival of our democracy depends on defeating Trump's war on labor--because it just might. Of course, at the Contrarian we know that well. To see for yourself, please check out our special livestream recapping the Labor Day protests on Monday at 8pm ET, this week's coverage of the run-up to that holiday, and so much more….
Labor Day
AFL-CIO President Liz Shuler on why Labor Day is more important than ever
As we approach Labor Day on Monday, Jen was joined by Liz Shuler to discuss how the working class feels abandoned in Trump’s America, how the labor movement is holding strong despite constant attacks, and how we can build an aspirational economic future. "This has been the most hostile administration to workers in our lifetimes."
Trump is not the labor president he claims to be
Dan Koh dispelled Trump’s self-mythologizing as a champion of workers: "Trump’s words pick up cheers; his policies dismantle protections. Praise for unions paired with union-crushing ultimatums. Job-creation rhetoric married to deep cuts in job training. Miner flattery coupled with health program decimation."
The One Single, Proven Constraint on Oligarchy and Autocracy
From Poland to South Africa to the United States, Michael Podhorzer explained, unions have been the most effective check on oligarchs and autocrats. And if we want to save democracy, we start by rebuilding them. “There are no shortcuts or workarounds.”
Labor champion Frances Perkins almost wasn't FDR’s Labor secretary
Frederic Frommer reflected on the lasting legacy of Frances Perkins, who witnessed the Triangle Shirtwaist fire and turned tragedy into reform as the first woman to sit on the Cabinet—despite having first turned down the president when asked to serve. From her work shaping Social Security, to workplace safety, to the 40-hour workweek, workers should be
thankful FDR didn't take no for an answer.
Leon W. Russell on the intersection of civil rights and workers' rights
NAACP Board Chair Leon W. Russell joined April Ryan to discuss how, from trailblazers like A. Philip Randolph to Chris Smalls, Black leaders have been at the forefront of the labor movement since day 1—and how the Trump admin's new assault on labor and diversity is “racist to its core."
Guardrails under siege
Why Trump is targeting the Fed with Justin Wolfers & Paul Krugman
On the Contrarian Pod, Justin Wolfers joined Jen to explain why Trump's attempts to control the economy are erratic and dangerous to the country, while Nobel Prize winner Paul Krugman discussed the importance of preserving the central bank’s independence.
Norm Ornstein warned that reinforcing our crumbling guardrails will require new thinking and disciplined action from Democrats. “We are not in normal times, or even times that are abnormal
but within boundaries, with dangers and damage that could be ameliorated or reversed with an election or two… It requires different thinking and different responses. Now, not after it is too late.”
Two Cases Provide Critical Guidance to Rescue Democracy
Jen Rubin highlighted two court rulings last week that laid bare both the MAGA Supreme Court’s partisan lawlessness and the enduring strength of the First Amendment, underscoring the need for candor from the bench and the media. "How utterly refreshing for a Supreme Court justice to pinpoint what we have long known: The MAGA majority no longer even tries to act like unbiased jurists."
Trump’s intelligence ‘reforms’ guarantee failure
Stalin silenced truth-tellers with executions—Trump does it with firings. Brian O’Neill wrote on how both result in an intelligence system built to flatter authoritarians, not protect citizens. "Trump isn’t sending intelligence analysts and military commanders to the gulag, but by firing clearance-holders, gutting ODNI, and sacking those who contradict him, he is creating the same outcome: a system where honesty is punished and catastrophe becomes inevitable."
Emmy Award-winning journalist Linda Burstein introduced a new column, “The Way Forward: Advice from Great Women,” with an interview with Nancy Pelosi. The Speaker of the House Emerita didn’t mince words on the antidote to Trump’s assault on democracy: first, win back the House. “We will beat him at his own game.”
Crypto wants to bring you down with it
Ryan Cummings of the Stanford Institute for Economic Policy Research explained how the Trump administration’s GENIUS act is speedrunning government bailouts for the crypto industry, giving stablecoin issuers a green light to embed crypto deeper into the economy. Cummings warned that this “regulatory clarity” could end with taxpayers footing the bill.
City & state battlegrounds
Texas Rep. Ramon Romero Jr. on Republicans' attempt to predetermine victory
In the wake of quorum-breaking Texas Democrats being asked to sign “permission slips” and be escorted by public safety officers when leaving the House chamber—all for protesting anti-democratic gerrymandering—Texas Rep. Ramon Romero Jr. joined Jen to discuss how MAGA thrives off of manufacturing division. "This is the land of the free, not the land that you must agree with me."
Oakland Mayor Barbara Lee is not backing down from Trump's threats
When Trump tried to intimidate Oakland by name, Mayor Barbara Lee made clear she won’t back down. April Ryan sat with Lee to talk defiance, ICE, and the true meaning of “woke.” “Oakland has grit and resilience. We don’t let threats of federal troops or ICE deter us from making life better for everyone here.”
Chicago needs many things. A National Guard deployment isn't one of them.
As the specter of another national guard deployment looms, Carron J. Phillips wrote on how Chicago has long been a target for Trump, a stand-in for race, power, and who gets to call America home. “The dog whistling is never subtle.”
The Contrarian covers the Democracy Movement
This week we saw protests nationwide against ICE, including in Baltimore in support of
Kilmar Abrego Garcia; D.C. protesting the federal takeover; a Texas Republican objecting and a National Guard member speaking out; planning ahead for Labor Day and more. Get help organizing from Indivisible, find protests in your area at mobilize.us, and send us your protest photos at submit@contrariannews.org.
Hurricane Katrina, Twenty Years Later
A 20 year retrospective: Mitch Landrieu on the legacy of Hurricane Katrina
Twenty years after Hurricane Katrina exposed the deadly cost of government failure, Former Mayor Mitch Landrieu joined Jen to talk rebuilding, resilience, and why today’s political battles will shape the next storm. "They're absolutely awful at coming up with a solution to the problem...and they just happen to be really bad at governing well."
Shawna Young, CEO of equitable investor Camelback Ventures, wrote on New Orleans’ entrepreneurial legacy and how directing capital to under-resourced capital founders is an essential form of justice and community-building—as well as simply smart economics.
Culture recs: Hurricane Katrina is Still With Us
Culture columnist Meredith Blake considered how the destruction and aftermath of Katrina have haunted America for two decades, exposing glaring racial and economic divides and inspiring reckonings in documentaries, books, podcasts, and film. She recommends Spike Lee’s Katrina: Come Hell and High Water among other retrospective accounts.
A dose of sanity with a side of crisp
This week cartoonists RJ Matson, Nick Anderson and Michael de Adder took on the Trump administration’s dubious interpretation of cleaning up major cities (read: occupying) and dispensing justice (read: revenge). Lady Justice's list; Stop the steel; Always ready, always there.
“I look around at my fellow Americans who live in ignorant bliss by choice, those who don’t follow politics or watch the news at all, those who stay silent about democracy toppling because they simply don’t know—or don’t want to know. That’s not me.” In her latest recipe, Jamie Schler helped us stay sane by teaching us how to make a fresh plum and wild blueberry fruit crisp.
This week’s Pet of the Week is foster dog Gabi! Gabi is a 2 year old mixed breed (some type of sheltie/spaniel/dachshund mix?) who loves snuggling with every human he’s ever met, doggy yoga, going on walks with his nose to the ground like a Hoover, and staring at his foster mom with doe eyes until she gives him cheese. Gabi is currently looking for his forever home so if you’re interested, feel free to reach out at maura.anne.mcdonough@gmail.com!
Have a wonderful Labor Day weekend Contrarians, don't forget that you can find a protest site near you at workerslaborday.org, and please tune into our Contrarian coverage of it all on Monday at 8pm ET.
Warmly, Norm
"These are the Times that Try Men's Souls"
Trump's ability to stretch the powers of the Presidency far beyond the starting point of authoritarian rule is attributable to a single safeguard that has failed the American people - the U.S. Supreme Court, where his far-right wing ideological bedfellows have ignored well-established precedents and twisted reason and logic out of all proportion to justify his abuses of the Constitutional and legislative powers conferred upon him.
Today, the D.C. Circuit Court of Appeals, in affirming a lower court decision, held in an en banc 7-4 decision that enough is enough and ruled that his imposition of sweeping and massive worldwide tariffs exceeded his authority, though they stopped short of issuing a prohibition to allow Trump to appeal to his 5 willing enablers on the Supreme Court.
At least 3 of these enablers can be expected to follow their usual pattern of first deciding to uphold whatever Trump does and then engaging in the most contortionist perversions of logic to attempt to justify their preconceived decisions.
The future of our democracy will then rest upon whether or not the remaining two Justices will do their duty.
Norm, so much to address here yet I find that I just want to say thank you. Incredible work. So much illegal and unconstitutional and cruel being thrown at us by this regime and to know that you are fighting back on so many fronts and so successfully is a balm. Thank you. Thank you. Wendyl