A post here yesterday,
The MAGA mindset: Dealing with empathy, discussed techniques MAGA propagandists use to make cruel laws and behaviors acceptable to the public. This is an example of MAGA cruelty in action that the public needs to be tricked into getting used to.
The cruelty and callousness and depth of contempt for the rule of law of djt and MAGA elites cannot easily be understated. We are no longer looking into the abyss of a kleptocratic dictatorship. We are in free fall into it.
Yesterday, djt signed an EO,
ENDING CRIME AND DISORDER ON AMERICA’S STREETS. If that EO is really implemented as it says, it will have two major effects. One is shockingly cruel for homeless people. The other is constitutionally devastating for potentially everyone. We will be close to or in a police state.
By this EO, djt intends to put people who "cannot care for themselves" people into "civil commitment" (CC) facilities. The EO cynically claims** that CC is "long-term institutional settings for humane treatment." Before being placed in CC, existing federal law requires states accord homeless people due process in the form of (1) clear and convincing evidence of mental illness and dangerousness, (2) a right to counsel and a judicial hearing, (3) periodic judicial review, and (4) confinement to a facility that imposes the least restrictive treatment environment.
** Most existing CC facilities are centers for holding confined people. They provide little to no mental illness or drug addiction treatment in prison-like conditions. CC typically costs states ~$30,000/year. Most states do not have much money for that. The EO explicitly defunds "harm reduction" and "housing first" programs that have proven effective, but cost more. States will have to pay nearly all of the increased costs. Politically speaking that just won't happen, especially in red states. And, unlike jail terms for criminal convictions, confinement to a CC facility has no definite end. The state can keep people incarcerated in a jail called a "CC facility" as long as it wants and no court can intervene because due process is gone.
This EO blows due process to smithereens by a simple trick. Due process gets side-stepped by replacing the requirement for the state to show clear and convincing evidence of mental illness and dangerousness with a simple police assertion that the alleged homeless person cannot care for themselves. Is this illegal? Yes it unconstitutional. But will the USSC agree that it is unconstitutional? Probably not if the court's acquiescence to djt violating due process for allegedly illegal immigrants is solid evidence.
This does not apply to non-homeless people, right?: Maybe, maybe not. Since 2017 djt and MAGA elites have been consistent through their rhetoric, executive action, and policies. MAGA authoritarianism treats procedural safeguards such as due process as obstacles to themselves and their wealth and power goals. Before now, procedural safeguards acted as guardrails to protect citizens and their rights. That mindset is now gone. Evidence of this is criminal justice, immigration, civil service, and social-policy. Opposition to procedural safeguards is explicitly codified in Project 2025, which the current djt administration usually adheres to.
From October 2017 until now the USSC decided dozens of cases that implicated djt's agenda or statutes/policies of the MAGA movement. The court's merits opinions shows a heavy anti-due process tilt. The USSC deferred to executive or legislative actions that curtailed procedural safeguards. It only sporadically intervened to protect due‐process rights. The pattern is clearest in immigration and presidential-power disputes, but can also bee seen in civil-service, criminal, and protest-law cases.
Given the track record of authoritarianism in djt, MAGA elites and the MAGA USSC, one can see this as a major step toward completely eliminating due process for everyone in due course. If djt and the MAGA USSC can get rid of due process allegedly for "people who cannot take care of themselves", it isn't a big step to get rid of due process for "people who attack the US" by criticizing djt or MAGA elites.
Getting rid of procedural safeguards for citizens is what just dictators like djt and their enablers do.
Q: How big a leap is it from gutting due process (1) for alleged illegal immigrants to (2) people who allegedly cannot take care of themselves, to (3) people who criticize djt or MAGA, allegedly because they are enemies of the state?
-- End of blog post
-- The following is optional, being in the land of TL/DR
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Q3: How big a legal leap [is it] for MAGA legal scholars who believe in the unitary executive to go from (a) Trump's EO on ending crime and disorder, which undermines due process for homeless people, i.e., "people who cannot take care of themselves", to (b) getting rid of due process for "people who attack the US" by criticizing djt or MAGA elites? Can erosion of procedural safeguards for allegedly illegal immigrants, and then for people who cannot take care of themselves lead to loss of due process for anyone who criticizes Trump or MAGA because they threaten the state and need to be silenced? Does the progressive loss of due process and other procedural safeguards for targeted groups so far amount to significant evidence that procedural safeguards can eventually be lost for everyone? In view of all relevant evidence so far, does reasoning that we will lose our procedural safeguards under a Trump-MAGA dictatorship amount to irrationality, e.g., unreasonable alarmism or crackpot conspiracy theory? Focus mostly on analysis of existing evidence that this progression is already underway. Consider Trump's vindictiveness and lawsuits against critics.
A3: .... commentary ....
The progression from denying due process to homeless individuals deemed "unable to care for themselves" to targeting political critics who "attack the US" represents not a legal leap but a documented pattern of authoritarian consolidation already underway. For unitary executive theorists aligned with MAGA ideology, this expansion follows a predictable trajectory that scholars studying democratic erosion have identified as a warning sign of broader systemic collapse.
.... long analysis ....
Scholars studying authoritarian transitions identify clear patterns in how democratic institutions are dismantled. Research on "autocratic consolidation" shows that regimes typically follow similar strategies:
1. Target vulnerable populations first to establish precedents
2. Expand emergency powers using national security justifications
3. Weaponize legal systems against political opponents
4. Undermine judicial independence through direct defiance
5. Normalize exceptional measures until they become routine
Multiple scholars note that the U.S. is following this exact trajectory.
Conclusion: Not Alarmism, But Pattern Recognition
The progression from denying due process to homeless individuals to targeting political critics represents neither a legal leap nor irrational alarmism. It follows a documented pattern of authoritarian consolidation that scholars have identified across multiple democratic breakdowns. The evidence shows this progression is already underway:
1. Due process protections are being systematically eliminated for vulnerable populations
2. Military force is being used against political protesters
3. Court orders are being routinely violated
4. Civil litigation is being weaponized against media critics
5. Federal agencies are being directed to investigate political opponents
For unitary executive theorists who believe the president possesses unlimited control over executive power, the expansion from homeless populations to political critics requires no legal innovation—only the continued application of existing theories to new targets.
The question is not whether this progression will occur, but whether democratic institutions and civil society can organize effective resistance before the erosion becomes irreversible.