Weekly Update: 5/20/2025

Index Status: Unchanged

This week’s developments reinforce long-standing concerns about democratic decline but do not warrant a change in the Index score. The overall trajectory remains one of institutional erosion and expanding executive overreach, offset by enduring legal norms and democratic structures. The Trump administration continues to lay the groundwork for more radical authoritarian measures, asserting powers such as suspending the writ of habeas corpus during peacetime. While most of these extreme actions have not yet materialized, isolated examples—such as the deportations to the Salvadoran prison and now the prosecution of Congresswoman LaMonica McIver—demonstrate the administration’s willingness to test the boundaries of constitutional governance.

The “Big Beautiful Bill”

The Trump administration's proposed "Big Beautiful Bill" (BBB) failed to pass Congress this week. Although its content remains deeply concerning, the willingness of several Republican members to oppose it offers some reassurance. While the bill has moved through procedural channels according to legislative norms, its structure subverts deliberative democracy by combining unrelated and controversial provisions into a single up-or-down vote, leaving little room for debate or amendment. Among its provisions: expanded executive authority, increased immigration enforcement, the defunding of public media, the bolstering of state-aligned outlets, and the authorization for the IRS to revoke nonprofit status from groups it deems to support terrorism—a designation the Trump administration has applied to peaceful advocacy for Palestinian rights. Still, the bill’s failure to pass out of committee marks a small but notable break in the administration’s consolidation of power.

LaMonica McIver and the Political Criminalization of Dissent

The Justice Department has filed criminal charges against Congresswoman LaMonica McIver—potentially marking the first use of federal prosecution to suppress dissent at the highest levels of government. Prosecutors allege that McIver assaulted and impeded law enforcement while visiting an immigration detention center. However, eyewitness accounts and video evidence suggest the opposite: that law enforcement unlawfully blocked her from conducting lawful congressional oversight. If those reports are accurate, the prosecution appears designed to intimidate Democratic lawmakers and obstruct their constitutional duties. Should such prosecutions lead to members of Congress being silenced or expelled, an increase in the Index score would be warranted.

The Supreme Court: Assertive in Words, Timid in Practice

The Supreme Court continues to issue rulings that assert constitutional limits on executive authority. Yet the administration frequently ignores judicial decisions—on issues ranging from immigration to civil service protections—without facing consequences. This dynamic reveals the judiciary’s shrinking practical power. While the courts remain symbolically important, their inability to enforce rulings underscores how fragile the rule of law has become in the face of executive defiance.