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Molly Curren Rowles is the executive director of the ACLU of Maine.
This year, we celebrate Independence Day on the heels of a radical Supreme Court term. Americans of all political backgrounds who value freedom and the rule of law would do well to revisit the enduring words of Frederick Douglass. On July 5, 1852, slavery remained the law of the land as Douglass spoke before the Ladies’ Anti-Slavery Sewing Society of Rochester, New York, and, to use his own earlier words, “wielded [the Constitution] on behalf of emancipation.”
In the face of unimaginable cruelty, political infeasibility, and popular scorn, Douglass proclaimed the power of the American vision and promise of fundamental human rights for all: “The Declaration of Independence is the ring-bolt to the chain of your nation’s destiny… The principles contained in that instrument are saving principles. Stand by those principles, be true to them on all occasions, in all places, against all foes, and at whatever cost.”
There is no question that these principles have been challenged, limited, ignored, and evaded consistently over the course of American history — and that they are being directly challenged by President Donald Trump right now. More than ever in our lifetimes, we need to know and understand these foundational principles. Incredibly and against all odds, they still chart a course forward toward freedom, equality, and self-determination.
The Supreme Court ended this term by issuing “blockbuster” decisions — in some cases departing from long-held doctrines and principles of interpretation — and addressing politically controversial issues. Among them were rulings that directly affect the rights and freedoms of vulnerable communities.
At the national level, the ACLU fought to defend the right of transgender youth to receive lifesaving gender-affirming medical care (like puberty blockers and hormone therapy), to defend free speech against a Texas law limiting access to pornography, and to maintain the separation of church and state.
In addition, earlier this year, the ACLU of Maine filed the first case challenging President Trump’s executive order restricting birthright citizenship, working together with the ACLUs of New Hampshire, Massachusetts, and other advocates.
The executive order directly contradicts the plain language of the 14th Amendment’s Citizenship Clause, putting thousands of U.S.-born children at risk of being denied their constitutional rights. Within weeks, lower courts quickly blocked the order and issued nationwide injunctions to prevent irreparable harm.
The legal validity of nationwide injunctions has been debated for years, with perceived advantages and drawbacks across the political spectrum, but the Supreme Court agreed to take up the issue on an emergency basis in one of the birthright citizenship cases.
Their decision last week altered the balance of power of the federal courts by ruling that judges may no longer issue nationwide injunctions as a check against unconstitutional executive orders. The court did delay implementation of the executive order for at least 30 days, allowing lower courts to assess the appropriate scope of future injunctions and giving advocates time to seek further protections for affected families. Just hours after the Supreme Court’s ruling, we filed a new nationwide class action lawsuit to continue this challenge alongside partner organizations. Oral argument is scheduled for Aug. 1.
Trump’s executive order restricting birthright citizenship remains blatantly unconstitutional, and we will keep fighting to ensure every child born in the United States is recognized as a citizen, no matter who their parents are or where they live.
The Fourth of July is a perfect time to reach out to remind your elected officials of Douglass’ legacy and the work that they must do in this unprecedented time. Our democracy depends upon checks and balances, and Congress is empowered to act to ensure that government is being run by and for the people — not based on the whims of a president, king, or judge.
“We, the people” means every one of us. Together, we have the power to promote and defend our Constitution and dedicate ourselves to making America a “more perfect union,” with liberty and justice for all.
