Courageous Colorado bucks Trump’s federal stupidity | Miller Hudson
There are several theories regarding the rhythm of American politics. The most frequently cited is the pendulum hypothesis — positing that episodes of liberal dominance are then interrupted by spans of conservative control. Since Ronald Reagan’s presidential election in 1980, these swings have been foreshortened, interrupting modest reigns of far-right rule in Washington with only a slight leftward swing to a moderate center point. The most liberal presidency in the past half-century was Joe Biden’s, and his was just a few degrees left of center. Clinton, Bush and Obama were fellow centrists who all view the current MAGA ascendancy as a radical departure from common sense or, as Bush was overheard whispering to Hillary Clinton following Trump’s 2017 inaugural speech, “Now that was some crazy shit!”
Perhaps a more enlightening analogy today might be the periodic flipping of the planet’s magnetic poles. Though entirely unpredictable, these occur on average every 450,000 years, which means we are more than 300,000 years overdue for the next flip. Some, however, have been separated by as little as a century. During the 1950s and 1960s, there was a lot of public bellyaching from southern Democrats regarding their sacrosanct states’ rights. Their real concern, of course, was sustaining the soft apartheid of Dixie’s Jim Crow laws. These bigots perceived enforced segregation as a constitutionally protected arrangement. The civil rights movement shattered that argument. It was Lyndon Johnson who predicted Democrats would lose the south for a generation or two as a consequence.
LBJ was proved correct as the “solid south” became solidly Republican during the ensuing half century. Nowhere has this flip been more evident than in the management of federal fiscal policy. For a decade, Diana DeGette has acknowledged her surprise to discover she is now a member of the political party most concerned about fiscal responsibility. Many voters don’t realize 70% of our national debt was placed on the tab of future generations during Republican administrations. Eileen Laubacher, running against U.S. Rep. Lauren Boebert for Congress this year, receives a round of applause when she calls the 2027 congressional budget bill, “The single most irresponsible budget approved during our 250-year history — adding more than 4 trillion dollars to our already tremendous federal debt.”
I mention this as a preface to considering Trump’s lawsuit filed by his Department of Justice against Colorado for extending in-state college tuition to immigrant students who graduate from the state’s high schools. Every such graduate represents more than a hundred-thousand-dollar taxpayer investment in their public-school educations. Although most enjoy shaky protection through Obama’s DACA (Deferred Action for Childhood Arrivals) program, the specter of deportation looms for all of them — even those who only speak English and know nothing of the countries where they were born. In 2013, Colorado adopted this provision in the Asset bill sponsored by then state Sen., now Denver Mayor, Mike Johnston. Texas had preceded Colorado, establishing its in-state assistance 24 years ago. Yet, together with the red states of Kentucky, Oklahoma and Nebraska, they have jettisoned their programs under White House pressure.
Lawsuits similar to Colorado’s have also been introduced in Illinois, Minnesota, Virginia, California, New Jersey, Kansas, Massachusetts, Rhode Island and Maryland. With the exception of Kansas, which is likely to fold, the remainder are resisting the Justice Department’s coordinated nationwide assault on undocumented students. The legal argument proffered to federal courts is the dubious proposition it’s unconstitutional to offer a benefit to DACA applicants without extending the same opportunity to all applicants. Expanding this legal argument to every state would prohibit any from charging more than in-state tuition to any applicant. It has long been accepted, even in red states, parents paying taxes in their state are providing a financial contribution to higher education that should benefit their kids. Sen. John Hickenlooper observed, “These young people, many of whom have never had a home other than Colorado, want an education so they can build their lives.” Precisely.
The Trump DOJ has also filed lawsuits against both the Jefferson County and Cherry Creek school districts for their handling of transgender students. Additional complaints should be expected. Though there could be as many as 7,000 Colorado public school graduates taking advantage of the in-state tuition break, our “trans” school population is far smaller. When the Utah legislature adopted legislation imposing restrictions on trans students’ access to high school programs, Gov. Spencer Cox asked how many such students actually wished to join high school athletic teams. The answer was two, statewide. Cox vetoed the bills on the grounds that Utah, much like Colorado, is a strong local control state and school boards should be trusted to manage any restrictions. This culture war battle is simply bigotry, pure and simple.
The recent capper from this administration was an admission by Energy Secretary Chris Wright his department’s research grants had been targeted for cancellation only in blue states. Legal analysts believe this damaging acknowledgment came after defendants requested email chains in discovery, which would not only have demonstrated intentional discrimination but were likely to expose even uglier behavior. If punishing states for failing to vote for the president isn’t illegal, it certainly should be. Both of Colorado’s Democratic senators extended the courtesy of introducing Wright, a Colorado resident, before his confirmation hearing and later gave him their votes on the Senate floor. They received no thanks in return. Now that we know they have something to hide. I would urge Phil Weiser and his fellow blue state attorneys general to identify a plausible pretext for demanding a review of those emails. When this White House staff runs for the exits, you can assume they have something to hide.
Colorado has demonstrated the courage to buck federal stupidity, leading the nation as the first state to legalize recreational marijuana. Historically, we extended the vote to women 15 years before a suffrage amendment was added to the U.S. Constitution. Colorado was electing women to its legislature while the remainder of the country denied its wives and daughters a ballot. We are fully capable of handling our own affairs without federal interference. When we find our elected officials have jumped the rails, we can and do recall them or oust them at the next election. Colorado’s message to the bigoted thugs currently running our country should be, “Leave us the eff alone!” And while we are speaking bluntly, “If you won’t adequately fund the national parks and laboratories in Colorado, turn them over to us. We’ll preserve them for the entire country. Don’t call, don’t visit and, most of all, don’t tell us what to do.”
We know what you’re up to. Rod Brownstein, who has written extensively about the growing political divide in America (“The Second Civil War”) writes, “It seems unlikely the Trump-era Republicans installing the policy priorities of their preponderantly white and Christian coalition across the red states will be satisfied just setting the rules in the places now under their control.” We see you hoping to rig the 2026 elections in your favor and then rely on the Supreme Court to, “…impose red-state values and programs nationwide, even if most Americans oppose them.” Not in Colorado. Not now. Not ever!
Miller Hudson is a public affairs consultant and a former Colorado legislator.

