After the Storm: How Democrats Can Fight Back After HR 1

The bill is going to pass. The damage will be real. But the fight is far from over. Here's a roadmap Democrats can follow to defend the people, reclaim power, and prepare for the long game.

Greetings from the underground,

This is the extended policy companion to this week’s The Midweek Burn episode. If you haven’t seen it yet, start there for a breakdown of what’s inside Trump’s big bullshit bill.

Below is the full strategic response plan — to include a policy proposal. Because if we’re going to survive what Trump and Republicans are unleashing with this bill, we need more than outrage. We need a plan.

Now What?

Trump’s big bullshit bill—the thousand page monstrosity— was never just a piece of legislation. It was a siege on public power and another historic transfer of wealth from the poorest Americans to the wealthiest. Hidden behind the procedural noise and media medicaid distractions was a sweeping consolidation of executive authority, corporate deregulation, and the gutting of public protections.

Let’s not sugarcoat things, this is a loss. A big one.

The passage of HR 1 marks the most significant reshaping of federal power in decades, and the American people will be the ones to bear the brunt of it. From energy jobs being eliminated, to safety nets being torn down, to basic civic infrastructure — like first amendment rights and regulatory safeguards — being dismantled, the bill is designed to lock in a political and economic elite class.

But it’s not the end of the road for Democrats, or what’s left of democracy.

The blow itself opens a policy window for the minority party. The scale and cruelty of HR 1 will create policy failures, public backlash, and a massive opportunity for Democrats.

If they have the courage to act on it.

The task at hand isn’t just to fight back rhetorically, but to build a layered counter strategy that touches on every aspect of this:

• The courts must be leveraged.

• Statehouses must become bulwarks.

• Congress must be retaken in ‘26 with purpose.

• Messaging and narratives must be reset to name what happened and how it will effect working class Americans

The rest of this article lays out exactly how they should do that, step by step. Because if we treat this as a moment to regroup, rather than a moment to feel sorry for ourselves, we can turn the damage into a mandate. Not just to reverse this bullshit bill, but to build something better in its place.

Weaponizing the Courts Before Republicans Do

The right will predictably paint this bill as “lawful,” “the product of a mandate,” and “the will of the people.” That’s bullshit though, and they know it. Democrats need to move fast if they’re going to seize one of the most important playing fields after the bills passage — the courts.

While lawsuits may no longer freeze HR 1 nationwide from a single district court, they can block its implementation within their own borders and create a shit storm of legal conflicts that bog down enforcement:

• File Immediate Challenges to Key Provisions

  • If HR 1 grants unchecked discretion to the executive branch over agency decisions, funding allocations, or regulatory authority — this may violate separation of powers under Youngstown Sheet & Tube Co. v. Sawyer (1952) - the decision that ruled against President Truman when he attempted to seize private steel mills during the Korean War without congressional authorization.

  • First amendment violations that limit public comment, protests, or civil society organizations’ ability to criticize or influence federal decisions could be cited under Citizens United v. FEC with a flip of the decision: compelled silence is no more constitutional than compelled speech.

• Target Specific Rollbacks That Violate Precedent

  • If Medicaid access is restricted via federal mandates and work requirements, challenge them under NFIB v. Sebelius (2012) which decided on Congress’ ability to coerce state compliance by threatening federal funding.

  • If voting access or redistricting is altered — explore options through Shelby County v. Holder (2013) to argue that the federal government is intervening too much in areas the Court says should be left to states (isn’t it wild how Democrats could become the party of State’s rights?").

• Use Democrat AGs as Offensive Weapons

  • “Attempt at Governor”’s rejoice! Now is the time for your spotlight!

  • AGs in California, New York, Illinois, Michigan, Colorado and other states can:

    • File in friendly courts (9th, 2nd, 10th districts) to carve out state-specific shields against overreach.

    • Coordinate with civil rights organizations and non-profits to submit a joint amicus brief and raise public awareness.

    • Use state constitutional protections in education, labor, and health policy to declare portions of the bullshit bill unenforceable within state lines.

• Pre-Write Protective Laws for State Shields

  • Encourage Democratic lawmakers to pass HR 1 immunity laws for their own jurisdictions:

    • Mandate public comment periods on state-level regulatory changes.

    • Block compliance with optional federal guidelines that weaken state authority.

    • Declare key programs (Job Corps, housing support, etc.) essential state interests.

  • MOVE NOW

    • Policy momentum is political momentum. If Republicans set the narrative in public opinion and court, it becomes harder to reverse. Every delay or missed opportunity from Democrats cements this as one of the worst legislative failures of the American people in history. Democrats don’t need to win every battle — but they need to clog the lanes, create confusion, and keep the fight alive until they can enact legislative repeal.

Reclaiming the Senate

The midterms in ‘26 present a steep but not impossible path for Democrats to retake the senate. The current balance provides Republicans with a 53-47 majority (including 2 independents). 23 Republican incumbents are up for re-election, many of which are in states that Donald Trump won in 2024 — but the path isn’t completely blocked from Dems. They need only a net gain of 4 seats to take control of the Senate in January of ‘27.

Here’s how they can do it:

• North Carolina: Thom Tillis is stepping down after publicly opposing the big bullshit bill this week, opening up a crucial opportunity for Democrats. With Roy Cooper eyeing a run at the seat, this is a realistic possibility for Dems.

• Competitive seats in Maine & Iowa: Susan “I’m Concerned” Collins and Joni Ernst are both vulnerable in states that are trending toward purple from their usual shade of red.

• Battlegrounds: Purple states like Georgia, Michigan, Texas, Ohio, and even Alaska are all pick-up potential for Democrats especially in a blue wave scenario coming off economic and legislative blows by the Trump administration.

Strategy & Filibuster Reform

• Invest and deploy resources in states like NC, ME, IA, GA, and MI. Candidate quality and relationships with the working class matter as much as funding.

• Filibuster carve-out: If Democrats get 51+ seats, Schumer (god help us) and the majority could create a filibuster exception for democracy-related bills beginning with the Democracy Repair Act (see below).

• Use budget reconciliation to undo fiscal shutdowns and fund clean energy, public programs, etc.

Democracy Repair Act

• Reverse Trump’s IRS restructuring to restore enforcement equity

• Reinstate funding for Job Corps and clean energy jobs

• Reinstate mandatory public comment requirements in federal rule-making

• Codify independent commissions for redistricting and regulation oversight

• Strengthen appropriation accountability — no more omnibus blank checks

States Are the New Battleground

While Trump’s bill aims to centralize power in the executive branch, many of its most destructive effects will depend on how the states respond. Red states will comply fast and enthusiastically — leaving their poorest citizens to suffer the most — and some will even weaponize the bill to slash local regulations, wipe out labor protections, and cut social services even more.

But blue states? There are still options. The Constitution, their own statutes, and the political will of their people give Governors and Attorneys General room to fight back, slow implementation, and protect the people living there.

Here’s how:

State-Level Firewalls

Democrat controlled state legislatures should immediately begin passing HR 1 immunity laws that codify public comment rights and transparency among rule making processes, require local approval and review for any changes to health, housing or labor, and refuse the implementation of optional provisions which erode state authority.

Legal sandbags designed to slow the flood and force courts to intervene before the damage to people’s lives becomes permanent — if you will.

Ballot Measures

Ballot initiatives have become powerful shields in places like Michigan, Arizona, Nevada, and even Ohio to codify voter protections, labor standards, and environmental rules directly into state constitutions.

Democrats should partner with progressive groups to draft airtight ballot language. They need to target swing states where Republican legislatures are aligned with Trump but voters aren’t. And they need to frame these initiatives around freedom, fairness, and local control — not partisan language.

That’s how abortion rights were won in Kansas and its how we held the line on voting rights in Michigan.

It works.

State Attorneys General

Democratic AGs are now the stars of the show and defenders of democracy. Beyond lawsuits they can issue non-compliance opinions where federal directives violate constitutional provisions. They can launch investigations into implementation harms such as discriminatory enforcement, contracting fraud, and regulatory collapse. Finally, they can publicly define the legal stakes for voters, businesses, and municipalities.

Every delay in the implementation of this bullshit is a win. Every legal conflict is a pressure point and every public statement is a chance to name what’s happening and win the sentiment of voters because of this hostile restructuring of American government.

Regional Alliances

The states don’t have to fight alone.

They can form interstate compacts to coordinate environmental protections, consumer regulations, and labor standards. They can share legal resources, data, and public messaging frameworks. All while presenting a united front in litigation and negotiation with federal agencies.

Turn this into the federalism of the people, not corporations. If the federal government won’t protect citizens, the states must do it themselves — and work together.

Narrative & Messaging Reset

Republicans have controlled the story and media for far too long. They’ll spin the Big Bullshit Bill as a bold move to cut red tape and streamline government profits. We also know that the corporate media will eat it up and parrot it with both-sides deference and zero context about what it means for working class Americans.

This bill isn’t about freedom. It’s about control. Control of what gets spent, who gets to spend it, and who gets to profit. It’s about cutting the public out of any decision making and returning it to the wealthiest people in the world.

• Name the Harm in Human Terms

  • Don’t just say “executive overreach” or “administrative consolidation.”

    • “This bill cuts the program that kept my mom alive.”

    • “My son hasn’t eaten lunch in three weeks.”

    • “This law stripped my ability to speak out when they decided to raise my rent.”

    • “Toxic waste is making my family sick and the government is telling me to sit down, shut up, and trust them.”

Policy language and government buzz words don’t resonate with or move people. Personal consequences and the end result of this policy do.

• Brand HR 1 as Theft

  • Not reform. Not restructuring. Not budget realignment.

    • A transfer of wealth upward

    • A transfer of power inward

    • A blatant cash grab by the top 1% dressed in legalese

• Redraw the Moral Lines

  • Make republicans answer for:

    • The programs they gutted

    • The lives they ruined

    • The rights they took away

This isn’t politics as usual. People need to see the actual human-level consequences of what this legislation is going to do — and democrats need to make sure it’s visible. The public has a right to see the 80 year old woman who is out on the street because medicaid got cut and lost her assisted living. We deserve to see the rise in homelessness across the country because SNAP and Medicaid being taken away along with rent control forced families out onto the street.

Democrats need to frame this as a fight for democracy and a fight for human decency, not a partisan policy battle.

Create repeatable language and give people words they can use at the dinner table, on social media, or in regular conversations. Stop with the intellectual high ground speech and use phrases like “HR 1 is a corporate coup,” “they want to kill public programs because they prove government works,” make it easy. Make it stick. And make it true.

And finally, don’t just defend — provoke.

Republicans are the ones who would be on defense. They just stripped the most vulnerable Americans of jobs, healthcare, and safety. Call Republicans what they are:

• Frauds who said they cared about working-class Americans while looting the programs that keep them alive.

• Cowards hiding behind bureaucratic bullshit to avoid the public outrage.

• Enemies of the People.

It’s time for Democrats to be the fighters. Not the fact-checkers. Not the technocrats. The gloves-off, bareknuckle brawling fighters.

The GOP passed a bill that silences the public, shields the powerful from any recourse or accountability, and dares anyone to stop them.

So, Democrats should stop them. Tell the real story to the people, and tell it loud. Never let them forget what they did.

Prepare the Ground for ‘26 & ‘28

We already know that more suffering is coming. That fight is real. But the next one might be bigger — because ‘26 and ‘28 could be the elections that not only allow Democrats to take back power, but real purpose. If they play this right (and I’m not holding my breath), they don’t just respond to this bill — they build a foundation for a new political era led by real people who want better for our country.

That means recruiting differently, messaging differently, and organizing differently.

Turn the Loss into a Mandate

The passage of this bill should be treated as national trauma, a before and after moment. Democrats can’t keep campaigning like it’s 2008 and expecting the moral high ground to secure them victories. They need to start building a coalition like the country’s survival depends on it — the kind that people like AOC and Zohran Mamdani are building.

Candidate Recruitment Goals:

• Veterans & Service Members Who Understand Government Abuse: Frame them as protectors of democracy who know what authoritarian overreach looks like from the inside.

• Working-Class Progressives with Lived Experience: People who have been on food stamps, paid rent late, taken care of sick parents — and people who can speak to what it means when those systems are gutted.

• Disruptors from Outside the Party Machine: First-time candidates. Local organizers. Teachers. Nurses. Kat Abughazaleh. The people Trump’s bill hurt the most and the ones who can call it out should be the ones running to reverse it.

Narrative Shifts:

• “This is a War for Democracy, Not a Policy Debate”

  • Stop arguing spreadsheets and start telling the truth: They are consolidating power. We are trying to return it to the people.

• “Government Isn’t the Problem — Corruption Is.”

  • Remind people that public programs work when they aren’t run by lobbyists, grifters, or corrupt executive appointees. The problem isn’t government — it’s who is holding the reins.

One Voter Block to Invest In:

• Young men. Especially disillusioned Gen Z and millennial men — rural, suburban, and urban. Many feel politically homeless. Ignored. Angry. And this bill will only make them feel that way mores. The GOP is already recruiting them with conspiracy, grievance, and false masculinity. Democrats can counter that with purpose, courage, and something real to fight for.

We’ve Only Just Begun

The right wanted power and silence. They got a pissed off public.

They wanted surrender and capitulation. They’re getting strategy.

They wanted to dismantle democracy in hidden legalese within this monstrosity of a bill and expected no one would notice.

We noticed, and we’re ready to fight.

So here’s our answer:

If they want to consolidate power, we’ll consolidate people. If they want to erase rules, we’ll write new ones. And if they think this ends with Medicaid and SNAP cuts, they’ve already lost.

Policy Companion: Countering the Big Bullshit Bill — A Strategic Memo for Democratic Lawmakers

Below is a formal memo version of the strategic roadmap outlined above — designed for sharing with lawmakers, aides, and organizers. Use it. Spread it. Let them know that we are not powerless to defeating this.

To: Democratic Lawmakers, State Party Leaders, Legal Strategy Coordinators

From: News from Underground — Strategic Policy

Date: July 2025

Subject: Countering Trump’s ‘One Big Beautiful Bill’: A Strategic Policy Response Plan for Democratic Lawmakers

Executive Summary:

The passage of HR 1 represents the most sweeping federal consolidation of executive authority, spending, and rollback of public-serving programs in a generation. While the bill will soon become law, it is not entirely untouchable. This memo outlines a multi-tiered strategy Democrats can immediately adopt to mitigate harm, challenge overreach, and build long-term capacity for repeal and reform.

Strategic Objectives:

1. Defend key rights in court through targeted constitutional challenges and procedural scrutiny.

2. Reclaim federal legislative power in ‘26 via aggressive Senate and House campaigns

3. Bolster state-level autonomy and create legal/policy firewalls against HR 1’s worst provisions.

4. Own the narrative and clearly/effectively communicate the impact of the bill on the public.

5. Prepare the foundation for repeal or reform with a cohesive 2028 mandate.

Immediate Policy Recommendations:

• Legal: Establish a Democratic Legal Defense Coalition across state AGs and civil rights orgs to file challenges based on Tenth Amendment overreach, First Amendment violations, and unlawful delegation of federal powers.

• Federal: Prepare and pre-draft a Democracy Repair Act for immediate introduction in January 2027. Contents should include radical repeal provisions, funding restorations, and independent commission protections.

• State-Level: Launch a State Democracy Defense Corps — a staffed rapid response team to support state-level officials with model legislation, legal templates, and public messaging materials.

• Narrative/Messaging: Fund a Democracy War Room within the DNC or progressive coalition to counter misinformation, amplify consequences of HR 1, and to shift blame to Republicans.

• Organizing: Mobilize public awareness through a Post-HR 1 Civic Education Campaign targeted at working-class youth voters in battleground states.

Timeline:

• Q3 2025: Launch legal filings, coordinate statehouse briefings, announce Democracy War Room

• Q4 2025: Finalize ‘26 legislative campaign strategy. Roll out public education initiative

• 2026 Midterms: Flip 2-4 Senate seats and retake House

• Q1 2027: Introduce Democracy Repair Act. Assess judicial progress and begin state-level repeals or shields

Key Allies:

• State Attorneys General (CA, NY, IL, MI, CO)

• Voting rights organizations: Brennan Center, Common Cause, ACLU, Voting Rights Project

• Democratic Governors Association

• National Conference of State Legislatures

Republicans might have passed HR 1 — but it’s not permanent. With coordinated legal, legislative, and grassroots pressure, Democrats can mount a full spectrum counteroffensive which will reshape the party and their messaging around Millennials and Gen Z and the policies they believe in. The road to repeal begins now.

Until next time,

-Evan.