LONDON — Nobody likes a backseat driver. But what if the person trying to grab
the wheel is a former prime minister?
Britain has cycled through a stack of leaders in the past decade, leaving it
with an unprecedented eight former PMs still standing — and frequently
commenting on the person doing their old job.
Just this weekend, Kemi Badenoch, leader of Britain’s battered Conservative
Party, tried to distance herself from the troubled economic legacy of former
Tory prime minister Liz Truss — provoking a howl of outrage from Truss herself.
It’s unfortunate for Badenoch, as barely a day goes by without the Labour
government raising the specter of Truss.
Prime Minister Keir Starmer has his own problems, with his Labour predecessors
Tony Blair and Gordon Brown never far from the headlines, offering (largely)
unsolicited advice.
“You have incomplete prime ministers,” says historian Anthony Seldon, who has
written books on many departed prime ministers, including “The Impossible
Office? The History of the British Prime Minister.” “Some of them felt that
their agenda wasn’t yet over.”
“They still want to feel like they have a purpose,” said political
communications adviser Laura Emily Dunn, who has worked for Conservative cabinet
ministers.
SECOND BITE OF THE CHERRY
Since Starmer won his landslide just over a year ago, the Blair and Brown
interventions have come thick and fast.
Blair has used his Institute for Global Change think tank to publish a flurry of
policy papers, with a particular focus on artificial intelligence.
Just days before crucial local elections earlier this year, Blair set alarm
bells ringing in Downing Street with lines in a report warning that a maximalist
approach to net zero carbon emissions was “doomed to fail” — and that
politicians needed to face “inconvenient facts.”
Blair has used his Institute for Global Change think tank to publish a flurry of
policy papers, with a particular focus on artificial intelligence. | Jessica
Lee/EPA
A Downing Street spokesperson said the government would reach net zero “in a way
that treads lightly on people’s lives” and “not by telling them how to live or
behave.” While admitting there were a “range of views,” No 10 says it sees net
zero as an “enormous economic opportunity.”
Gordon Brown, who left office in 2010, has unapologetically spoken out on social
justice issues through tweets, books, op-eds and even guest editing an edition
of the New Statesman magazine — often in ways that are unhelpful to the Starmer
project.
Most notably, he called for the abolition of the “cruel” Conservative-era
two-child cap on social security payments, a view shared by many Labour
backbenchers, despite the cash-strapped government’s public opposition to a
U-turn.
Labour insiders insist there’s no resentment about the ex-leaders opining. A
former Labour adviser granted anonymity to speak candidly said: “There is no
expectation from the leader of the Labour Party that previous prime ministers
should somehow stay silent out of respect.”
“They’ve been diplomatic, but it’s been pretty clear what they think,” says
Stewart Wood, a Labour peer and former adviser to Brown.
LIFE AFTER POWER
The interventionist streak in Britain’s former prime ministers may be a
consequence of the strange wilderness in which they are left to roam after
leaving office.
While they receive £115,000 annually for life, a permanent security detail and
are expected to attend Remembrance Sunday commemorations at the Cenotaph, there
is no official responsibility or equivalent of a U.S.-style presidential library
to promote an ex-prime minister’s legacy.
That can leave former leaders feeling stuck on the sidelines. “There is a
resource that the country could benefit from using … in some way,” says Wood.
“These people did serve us and serve our country,” agrees Dunn. “If they were
to disappear into lonely retirement, that would be wrong.”
For some prime ministers, the well-trodden path of writing a memoir and joining
the speaking circuit is seemingly no longer enough.
Even John Major, the reserved Conservative former PM who kept out of the
spotlight during Blair and Brown’s tenure, re-entered the public fray during the
Brexit years. | Will Oliver/EPA
“There’s been a trend in modern prime ministers not to want[ing] to consult
their predecessors,” argues Seldon, saying leaders often fail to assess the
actions of those who came before them in office. “They justifiably see their
successors falling into the same bear traps that they fell in.”
Even John Major, the reserved Conservative former PM who kept out of the
spotlight during Blair and Brown’s tenure, re-entered the public fray during the
Brexit years. He became a frequent and strident critic of former prime minister
Boris Johnson. More recently, he demanded the strengthening of parliamentary
standards for rule breakers.
Theresa May couldn’t resist wading in either by urging the U.K. to act on
delivering net zero, while David Cameron had a full-scale political comeback as
foreign secretary during the last eight months of the Tory government.
For others, there’s a desire to settle old scores.
Johnson and Truss both saw their premierships implode abruptly — leaving them
with plenty of unfinished business. Johnson writes columns for the Daily Mail
newspaper and hasn’t shied away from strident interventions attacking Starmer’s
agenda, including a fresh blast at his Middle East policy in the past few days.
Truss, Britain’s shortest serving prime minister, frequently opines on X about
Starmer’s economic policies, as well as his approach to justice and free speech,
as she fights to reshape her tarnished legacy.
Over the weekend, she laid into current Conservative Leader Kemi Badenoch,
accusing her of failing to talk about the “real failures of 14 years of
Conservative government” and warning the same party that made Truss prime
minister is now in “serious trouble.”
MAKING IT WORK
So what makes a genuinely effective intervention from a former prime minister?
“They have most influence when it’s least known publicly,” argues Peter Just,
author of the book Margaret Thatcher: Life After Downing Street. Just says
public interventions can be a sign that advice given behind the scenes “is not
being listened to.”
Seldon says Rishi Sunak, Britain’s most recent former prime minister, is a rare
exception who has managed life after Downing Street well. | Tolga Akmen/EPA
Seldon says Rishi Sunak, Britain’s most recent former prime minister, is a rare
exception who has managed life after Downing Street well. Now a backbench MP,
his statements have been limited to supporting Ukraine and backing India during
its conflict with Pakistan.
Just divides ex-PMs into statesmen and women who focus on “whether or not the
subsequent government of any party is doing things in the right way or in the
wrong way” and politicians who represent “a particular philosophy of the
world.”
“If you’re a bit more strategic and a bit more infrequent in your interventions,
maybe they’ll carry more punch,” says Kieran Pedley of polling firm Ipsos, who
argues that too many contributions can dilute a message.
Ultimately, effective prime ministers can simply ignore the back seat drivers
and hit the gas.
“You should just do the policies you want — and let politics deal with itself,”
says a former Tory adviser.
Tag - print
For Donald Trump, it was a “monumental victory.”
For the Trump resistance, there are signs of hope buried in the fine print.
Those dueling interpretations emerged Friday in the hours after the Supreme
Court issued its blockbuster decision in Trump’s challenge to three nationwide
injunctions that have blocked his attempt to deny citizenship to children of
undocumented immigrants born on American soil.
And both contain an element of truth.
The 6-3 decision has a single headline holding: Federal district judges “lack
authority” to issue “universal injunctions,” Justice Amy Coney Barrett wrote for
the conservative majority. It’s a breathtaking pronouncement given that district
judges, with increasing frequency, have been issuing those sorts of injunctions
for decades.
It was precisely the bottom-line result that Trump’s Justice Department asked
for in the case. Sweeping injunctions have blocked many of Trump’s second-term
initiatives, not just his executive order on birthright citizenship. Now, the
Supreme Court has made clear, an injunction against a challenged policy should
ordinarily apply only to the individuals or organizations who sued. For everyone
else, the policy can take effect even if a district judge believes it’s likely
illegal.
But Barrett’s 26-page opinion leaves a surprising degree of wiggle room. Yes,
conventional nationwide injunctions are off the table, but Trump’s opponents say
they see alternative routes to obtain effectively the same sweeping blocks of at
least some policies that run afoul of the law and the Constitution.
The court appeared to leave open three specific alternatives: Restyle the legal
challenges as class-action lawsuits; rely on state-led lawsuits to obtain broad
judicial rulings; or challenge certain policies under a federal administrative
law that authorizes courts to strike down the actions of executive branch
agencies.
The viability of these three potential alternatives is not yet clear. But the
court explicitly declined to rule them out. That led Justice Samuel Alito — who
joined the majority opinion — to write a concurrence to raise concerns that the
court was leaving loopholes that could undercut its main holding.
If lower courts permit litigants to exploit those loopholes, Alito wrote,
“today’s decision will be of little more than minor academic interest.”
Legal experts were unsure about the practical implications of the ruling —
especially in the birthright citizenship cases, but also in other challenges to
Trump policies.
“One of the things that’s problematic about this decision is how difficult it
will be to implement,” said Amanda Frost, a University of Virginia law professor
whose scholarship was cited in the justices’ ruling. “I think it’s really hard
to say.”
THE CLASS ACTION WORKAROUND
The court’s decision explicitly left open one avenue for legal challengers to
obtain a broad ruling that can apply to thousands or even millions of people:
File a class-action case.
Class actions allow large groups of similarly situated individuals to band
together and sue over a common problem. If a judge sides with class-action
challengers against a federal law or policy, the judge can issue a binding order
that protects everyone in the class from being subject to the law or policy.
Within hours of the court’s decision on Friday, one of the groups challenging
Trump’s birthright citizenship policy moved to refashion its case as a class
action.
But class actions are not a panacea for the Trump resistance. Federal rules
require special procedures before a court can “certify” a class. Litigants
seeking to use the class-action mechanism must meet several criteria that don’t
apply in ordinary lawsuits. And the Supreme Court itself has, in recent years,
raised the legal standards for people to bring class actions.
Barrett wrote that these heightened requirements underscore the need to limit
universal injunctions, which she labeled a “shortcut” around the stringent
standards that accompany class-action suits.
“Why bother with a … class action when the quick fix of a universal injunction
is on the table?” she wrote.
Alito, in his concurrence Friday, warned district judges not to be overly lax in
green-lighting class actions.
“Today’s decision will have very little value if district courts award relief to
broadly defined classes without following” procedural strictures, the
conservative justice wrote.
BROADER RELIEF FOR STATES
A second potential silver lining for Trump’s opponents is that the court
recognized that states may sometimes be entitled to broader injunctions than
individual challengers.
Barrett wrote in the majority opinion that district judges are empowered to
provide “complete relief” to litigants who are improperly harmed by government
policies. And when states sue the federal government, it’s possible, legal
experts say, that “complete relief” requires a sweeping judicial remedy.
That remedy might take the form of an injunction that applies everywhere in the
suing states. Barrett herself contemplated that it might be proper for lower
courts to forbid Trump from applying his executive order on birthright
citizenship anywhere within the states that have challenged the order. (About 22
Democratic-led states have done so.)
That scenario would create an odd patchwork: Automatic birthright citizenship
would apply in half the country but would disappear in the other half until the
Supreme Court definitively resolves the constitutionality of Trump’s executive
order.
There is even a chance that “complete relief” for a state might extend beyond
the state’s borders and apply nationally — because residents of one state
frequently move to another. Still, the bounds of what the court meant by
“complete relief” remain murky.
Frost said that it’s unclear what an injunction that affords “complete relief”
to a state, while stopping short of a “universal” or “nationwide” remedy, would
look like. “I don’t know, and that’s a problem of the court’s own making,” she
said.
Nonetheless, Democrats like New Jersey Attorney General Matthew Platkin seized
on the “complete relief” opening, saying it was a reason for optimism and
effectively an endorsement of what he and other blue state officials had
contended since the start. He and other Democratic attorneys general emphasized
that they argued at all levels of the court system the need for nationwide
relief in the birthright citizen case — because it would be pure chaos if
residents left one state where they were entitled to birthright citizenship and
moved to another state where they were not entitled to it, or vice versa.
“As I sit here now, as it relates to states, the court confirmed what we thought
all along. Nationwide relief should be limited but is available to states,”
Platkin said.
Barrett, however, wrote that the court was not taking a firm position on the
scope of any injunction the states might be entitled to.
“We decline to take up these arguments,” she wrote, adding that the lower courts
should assess them first.
SETTING ASIDE AGENCY ACTIONS
The third potential workaround for opponents of Trump policies involves a
federal statute known as the Administrative Procedure Act.
That law authorizes lower courts to “set aside” actions by regulatory agencies
if the courts find the actions to be arbitrary, rather than based on reasoned
analysis. That sort of wholesale judicial relief in some ways resembles a
nationwide or “universal” injunction, but Barrett wrote in a footnote that the
court’s decision does not address the scope of relief in lawsuits filed under
the APA.
Some of the lawsuits challenging Trump’s policies have been brought under the
APA. For instance, a district judge in Rhode Island issued a nationwide
injunction against Trump’s attempt to freeze vast amounts of federal spending
after the judge found that the move would violate the APA.
But not all policies are agency actions that would be subject to APA challenges.
The birthright citizenship policy, for instance, was promulgated through an
executive order, not through any federal agency. On the other hand, the order
has a 30-day “ramp-up period” in which agencies will develop guidelines before
implementing the order. Those guidelines might become targets for APA
challenges.