(Photo by Apu Gomes/Getty Images)
It should be abundantly clear by now, but it bears repeating: Elon Musk has no respect for the rule of law. His position on everything depends solely on his calculation of how much he personally benefits. Musk’s unelected and unconfirmed position at the right hand of Donald Trump only pushes that maxim into starker relief.
So, when a federal judge (or more accurately, judges) pushes back on the power grab going on in Washington, D.C., of course Musk has something to say about it. And because he (ill-advisedly) purchased a social media platform that’s steadily lost users and value since his takeover, Musk used X to stir up the far-right base, saying, “Democracy in America is being destroyed by judicial coup.”
Which, obviously, is not at all what’s happening. As someone who actually understands the American system of government and isn’t trying to twist it for their own benefit, Paul Grimm, director of the Bolch Judicial Institute at Duke Law School, notes, “The Constitution imposes on judges the duty to exercise checks and balances on legislative and executive action that has been challenged as violating the law. While individuals and organizations have a First Amendment right to criticize judicial decisions, it crosses the line to attempt to threaten and intimidate a judge in doing so, and such conduct is indefensible.”
But that isn’t the only legal institution Musk has taken to bashing.
Which law firms are pushing these anti-democratic cases to impede the will of the people? https://t.co/hw2kCetGb8
— Elon Musk (@elonmusk) February 11, 2025
As pointed out by Reuters:
That lawsuit was brought in Boston by Democratic attorneys general from 22 U.S. states challenging cuts adopted by the National Institutes of Health. Two other related lawsuits related to NIH funding have been brought by groups represented by law firms Jenner & Block and Ropes & Gray.
There are at least eight large and midsized firms working on cases to oppose the Trump administration, to say nothing of the legal advocacy groups, state attorneys general, and unions bringing lawsuits.
This isn’t the first time Musk has had something negative to say about a Biglaw firm. But now Musk has tapped into the MAGA brain rot — so there are some wild responses to Musk’s tweet.
Musk is whipping the MAGA faithful into a frenzy because, unlike when a ruling comes out of the Fifth Circuit, he doesn’t like the result. The most consistent and disturbing trend of the Trump II reign is the denigration of institutions or individuals that don’t sycophantically cower to the right’s whims.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
