The Governor Who Stood Up to Trump
The Trump administration is enmeshed in a long and rapidly growing list of legal challenges to the novel powers it has claimed for itself. But to try to understand the situation in terms of the individual cases, and the legal questions they implicate, is to miss the forest for the trees. The larger picture is that Donald Trump refuses, or is simply unable, to grasp any distinction between the law and his own whims.
That conflation was on display once again today at a meeting of governors at the White House. As Trump lectured the audience on his executive order banning transgender girls and women from participating in girls’ and women’s sports, he paused to single out Maine Governor Janet Mills.
“Are you not going to comply with it?” he demanded of her. “I’m complying with state and federal laws,” she replied. To this, Trump shot back, “We are the federal law.”
It is entirely possible that, if the state of Maine challenges the executive order, Trump will prevail legally. But what is important about this exchange is not whose interpretation of Title IX and the Administrative Procedure Act has a better chance to win five votes on the Supreme Court. It is that Trump is treating the law as coterminous with his own desires.
Trump then threatened Mills with the prospect of stripping away federal funding for her state: “You better do it, because you’re not going to get any federal funding at all if you don’t.” Legally, it is possible for the federal government to deny states certain funding streams under certain conditions. But Trump cannot simply cut Maine off financially because the state chooses to challenge a federal policy. Distinctions like this, however, seem totally lost on the president, who sees himself as national king—note his use of the royal we—and every other American, including each of the 50 states, as one of his quavering subjects.
Trump has grown ever more brazen about his belief that his activities are by definition legal, and activities he opposes by definition criminal. That belief is implied by a long, long list of statements and actions, stretching from his career in business, when he routinely treated laws (forbidding him from discriminating against Black tenants or committing tax fraud) as suggestions; to the final days of his presidency, when he attempted to overturn his election defeat; to his post-presidency, when he flagrantly disregarded requirements that he turn over classified documents. It is also implied by his habit of describing a long list of political opponents as criminals.
Trump recently summarized this belief by writing on X, “He who saves his Country does not violate any Law.” (The possibly apocryphal quote is commonly attributed to Napoleon Bonaparte, who was, famously, a dictator.) His statement to Mills is utterly consistent with this belief: Since Trump cannot violate the law, it follows that the law means whatever he says. He has progressed from demonstrating his disregard for the law to stating it as a doctrine.