How Joe Biden Can Still Slow MAGA Fascism & Save American Lives

In his final two months in office, Biden can make seismic changes to help tens of millions of Americans — but will he have the courage to act?

Today we receive the terrible news that Republicans will retain the House majority, meaning that Democrats have handed Donald Trump a trifecta government—again. Make no mistake. This will be devastating for human and civil rights over the next two years and beyond. Right now, with fascism on the rise and the lives and freedoms of millions at risk, it is not enough for Democrats to simply “stand up.” They need to fight — and so does President Biden.

Every single tool at Biden’s disposal should be used to slow down Trump’s MAGA agenda. What are these tools, and perhaps just as importantly, what exactly is stopping Biden from taking these vital actions right now? Let’s Address This.

Biden calls Trump a fascist. If he truly believes that, then rather than simply invite Trump to the White House for a meet and greet, he should act with urgency to build protections for the people Trump will try to hurt. Here’s what that looks like.

Actions Biden Could Take Now, If He’s Willing to Fight

1. Protect Abortion Access Nationwide

As I’ve written in painful detail before, we have a national health crisis in abortion access, with devastating effects on women’s health, safety, and autonomy. Biden could issue an executive order protecting abortion access nationally and saving lives in the meantime. While such an order might only be in place temporarily, even a short-term reprieve means more women would be able to access essential care, protecting their lives and well-being. And if your response to this proposal is—”won’t Trump just repeal Biden’s executive order on Day 1 in office?” I address that extremely valid point below. For now, let us recognize that even affording women another two months to prepare for a potential national abortion ban will be life saving.

2. Cancel All Student Debt & Cap Rates at 1%

Biden has the authority, through the Department of Education, to cancel student debt. He has already used that authority to cancel $175B in student debt. Now, he has the opportunity to cancel it all—just as he promised when he ran for President in 2020. As I wrote for NBC, cancelling student debt will increase GDP, strengthen the economy, create up to 1.5 million new jobs, increase home buying and enable parents to afford to have more children, help level the playing field in the current racial economic injustices Black and Latino students face, and decrease depression and suicide rates. Biden can provide these benefits literally with the swipe of a pen. Indeed as The Debt Collective further points out:

A lot of people on the right don't seem to understand this but it's actually quite simple: student debt cancelation doesn't require that any money be drawn from the Treasury. Your taxes aren't "going up" because of student debt relief. It's just simply not true. The money has already. gone. out. the door. When people are forced to borrow from the government, the money is disbursed *then.* Canceling debt that has existed for 10, 20 and 50+ years is simply not requiring money to be paid back that was NEVER going to be repaid anyway.

Again, some may argue that Trump would likely try to roll this back — but if so, let’s force him to make that choice publicly. Imagine Trump explaining to the 40 million Americans shackled by $1.7 trillion in exploitative debt that he plans to reinstate that burden while simultaneously cancelling $2 trillion in taxes for the wealthiest Americans?

3. End All Arms to Netanyahu

Biden must end the U.S. supply of arms to Israel under Netanyahu. Not only does Netanyahu’s administration violate U.S. and international law, but Biden’s own State Department has confirmed this. The election is behind us, so there exists not even a political excuse any longer. Stop funding genocide, Mr. President. Uphold constitutional and international human rights law. Do it because it’s right. Do it because our government must stop funding war crimes against Palestinians. Do it because the American people expect moral leadership, not complicit silence.

4. Preserve Civil Service and Prevent Military Deployments on Civilians

President Biden can also steps to secure the civil service from political interference, update and strengthen the Posse Comitatus Act (“PCA”). Most people have never heard of this piece of legislation because it has not been relevant in 150 years beyond combatting drug trafficking. But sadly, it will be critical to prevent Trumpian fascism from expanding use of the PCA—especially as he promises to deploy the military to quell civil and peaceful protest. As the Department of Justice explains:

The Posse Comitatus Act of 1878, which removed the military from regular civil law enforcement, was enacted in response to the abuses resulting from the extensive use of the army in civil law enforcement during the Civil War and the Reconstruction. The Act allows legislated exceptions.

Those exceptions currently largely revolve around drug enforcement. Biden must work to pass additional restrictions, however possible, to prevent the military from being misused, and work with the Pentagon to ensure the military cannot be turned into a personal security force by future administrations.

5. Commute the Death Penalty for Federal Prisoners

Right now there are roughly 2500 people on federal death row. When Trump was last in office, he lifted the moratorium on executions, and now that he’s returning to the White House, there is little doubt that the “pro life” President will execute as many of those 2500 people as possible. As I’ve written before, we must abolish the death penalty in the United States because it is unjust, it executes innocent people, it is extremely costly and wasteful, and it does nothing to actually make our communities safer.

President Biden could take the federal death row prisoners off of death row before Trump reinstates federal executions. He could commute the executions of each person and relegate them to life in prison. This act alone would prevent further exploitation of people’s lives for political gain. Again, this is literally the swipe of a pen away.

But won’t Trump repeal each EO on Day 1 in Office?

Now let’s address the elephant in the room, and I don’t mean Donald Trump. Many argue that these executive orders could be overturned by the next administration. And yes, technically, that’s true. But I ask you to first consider three critical facts.

First, temporary isn’t the same as ineffective. These actions would provide crucial breathing room, relief, and protection for millions of Americans over the next two months while laying down a strong marker against Trump’s agenda. Protecting human rights by delaying injustice is a good thing, actually.

Which brings me to the second point—we’ve already seen the power of organizing against injustice. For example, after Trump enacted his bigoted “Muslim ban” in January of 2017, the people’s resistance delayed its full implementation for over a year by keeping the order in federal litigation. That hard-won delay, from January 2017 to June 2018, wasn’t a miracle; it was a direct result of people showing up and pushing back, and it saved lives. We need that same fighting spirit today. Eventually, that effective organizing resulted in the “No Ban Act,” which forbids faith based discrimination in travel.

And finally, force the judicial conundrum that will emerge from an executive order protecting abortion access nationwide. For example, consider the judicial impact of an executive order to protect abortion rights nationally. Republicans have already gutted Roe under the absurd theory that abortion should be a States issue. A national abortion protection order would force Republicans to argue again that since Dobbs ruled that abortion should be dealt with at the state level—a national abortion protection executive order is invalid. The right wing Supreme Court would be forced to confirm this once more. This would open up a unique opportunity to legally challenge any future national abortion ban—a proposal Republicans have made clear they intend to enact.

So if and when Republicans try to implement a national ban, Democrats could take a page out of the right wing playbook, go to the most progressive district courts, and seek a ruling that such a ban violates the “state rights principle” established in Dobbs. This would place the six conservative justices in a bind: uphold state control of abortion access, or rule in favor of a national ban? A ruling of a national ban would undermine Roe altogether or mean Biden’s executive order was valid. A repeal of a national ban would ensure left leaning states can continue to protect abortion rights. Meanwhile, the time it would take to navigate through the court system would still afford women more time to ensure they can receive the critical reproductive healthcare they need.

Biden Is the One Stopping Biden

The bottom line is that we need fighters in the Democratic Party who understand the stakes and refuse to simply watch the country’s democratic values be stripped away. In truth, the only one stopping Joe Biden from acting is Joe Biden. This is not the time for hesitation — it is the time for decisive, bold action that shows the American people that their President will fight for them. He’s got nothing to lose, while the American people have everything to lose

Imagine the possibilities if Biden were to go all-in on defending our rights? Imagine him standing up against a second Trump term by preserving basic human rights and protections that the American people have fought so hard to secure? Every bit of progress counts, and slowing down Trump’s fascism is worth every effort.

It is long past time for Biden to act — for the present, for the future, and for every American counting on a government by, of, and for the people, that fights for their freedom and dignity. Let us demand he rise to this challenge and have the courage to act.