Ankush Khardori: “There is extraordinarily little support for the idea that the president could simply disregard orders from the courts. That is true across the public… I also found similar responses from an informal survey of conservative legal thinkers.”
Trump Asks Justices to Allow Use of Alien Enemies Act
“President Donald Trump’s administration on Friday asked the Supreme Court to wade into the fraught legal battle over enforcing the Alien Enemies Act, the wartime authority he used to rapidly deport alleged members of a Venezuelan gang,” CNN reports.
“The emergency appeal, which asks the justices to overturn an order from US District Judge James Boasberg blocking further deportations under the act, further thrusts the Supreme Court into Trump’s whirlwind.”
“It perhaps most significant matter now pending on the court’s docket dealing with his second term and it sits at the center of an explosive confrontation between the White House and the judiciary.”
Appeals Court Blocks Trump’s Use of Alien Enemies Act
“A divided federal appeals court has maintained a temporary block on President Donald Trump’s ability to use the Alien Enemies Act to quickly deport alleged members of a Venezuelan gang,” CNN reports.
“The DC Circuit Court of Appeals panel ruled 2-1 on Wednesday that a pair of lower-court orders blocking Trump’s use of the sweeping wartime authority can stand while a legal challenge to the president’s invocation of the law plays out.”
Mike Johnson Floats Eliminating Federal Courts
“Facing pressure from his right flank to take on judges who have ruled against President Donald Trump, Speaker Mike Johnson (R-LA) on Tuesday floated the possibility of Congress eliminating some federal courts,” NBC News reports.
“It’s the latest attack from Republicans on the federal judiciary, as courts have blocked a series of actions taken by the Trump administration.”
Said Johnson: “We do have the authority over the federal courts, as you know. We can eliminate an entire district court. We have power of funding over the courts and all these other things. But desperate times call for desperate measures, and Congress is going to act.”
Jim Jordan Plans to Investigate the Judiciary
“House Judiciary Chair Jim Jordan said he briefed President Donald Trump over the weekend about his panel’s plans to examine how the federal judiciary is working to block key parts of the administration’s agenda,” Politico reports.
Said Jordan: “The country instinctively knows there’s been this aggressive push against the president for policies he campaigned on that he was elected to implement. That’s a problem.”
The Judiciary’s Last Stand
Tom Nichols: “President Donald Trump is at war with the rule of law in the United States. His assault is already the most hostile and sustained political attack on America’s legal and law-enforcement institutions since the Civil War. It is a war he declared before he began his first term, and one he pursued with tenacity once in office. It even had its own call to arms on January 6, 2021, or so many of his supporters believed.”
“Exiled temporarily from the White House, Trump spent four years vowing to continue this war if he were reelected, and he has made good on that promise, targeting the foundations of almost every institution of law and justice within his reach as the chief executive.”
Johnson Weighs Options to Punish ‘Activist Judges‘
Speaker Mike Johnson is trying to chart a “middle ground” on punishing judges who rule against President Trump, as some in his conference “express unease with going as far as impeaching judges.”
Trump Signals Long Court Fight to Expand Power
“President Donald Trump has ramped up his fight with the judiciary as he racks up losses in court over his administration’s efforts to reshape the US government and its approach on everything from immigration to federal spending,” Bloomberg reports.
“Two months into his term, Trump is already fighting more than 150 lawsuits challenging his executive actions, based on a Bloomberg News review of filings in federal courts. Judges across the US are frequently ruling against the administration and in some cases signaling the president may have exceeded his power to act without the approval of Congress.”
Judge Skeptical of Trump’s Use of Wartime Law
“A federal judge in Washington expressed skepticism on Friday about the Trump administration’s policy of using a powerful and rarely invoked wartime statute to summarily deport immigrants from the country,” the New York Times reports.
“The judge, James Boasberg, suggested at an hourlong hearing that the White House had stretched the meaning of the statute, the Alien Enemies Act, by applying it to scores of Venezuelan immigrants. The administration accused those immigrants of being members of a violent street gang and flew them to El Salvador last weekend with little or no due process.”
Wall Street Journal: Judge raises concerns about Trump’s use of wartime powers for deportations.
CNN: Boasberg says Trump’s use of the Alien Enemies Act has ‘frightening’ implications.
Appeals Courts Are Taking Their Time
Politico: “Justice Department lawyers say the ruling by U.S. District Judge James Boasberg, an appointee of President Barack Obama, is jeopardizing Trump’s agenda, usurping his authority, damaging relationships with international allies, shattering the separation of powers and endangering the American people.”
“But a three-judge panel of the D.C. Circuit Court of Appeals took no action on the Trump administration’s invitation to immediately strip the case from Boasberg and to lift his initial restraining order, which he issued in part to scrutinize whether Trump’s invocation of the Alien Enemies Act passed legal muster.”
“Instead, the panel, which includes appointees of President George H.W. Bush, Obama and Trump himself, set a hearing for Monday afternoon — a notable slow-walk, when the administration has described each passing hour as a mounting threat to Trump’s authority.”
“In fact, the D.C. Circuit’s approach is in line with appeals courts across the country, which have largely rejected Trump’s view of a growing separation-of-powers emergency requiring them to step in urgently and stop lower-court rulings Trump doesn’t like. “
Trump Calls on John Roberts to Block Injunctions
“President Donald Trump demanded that Chief Justice John Roberts and the U.S. Supreme Court rein in federal judges who have issued injunctions around the country that have impeded an array of his policies,” USA Today reports.
Said Trump, on Truth Social: “It is our goal to MAKE AMERICA GREAT AGAIN, and such a high aspiration can never be done if Radical and Highly Partisan Judges are allowed to stand in the way of JUSTICE. STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE. If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation IMMEDIATELY, our Country is in very serious trouble!”
How the Campaign to Impeach Judges Took Off
“Weeks before President Donald Trump called for the impeachment of a federal judge who ruled against his agenda, his supporters around the nation seeded the ground to turn public opinion against the institution that has been the leading check on his administration,” the Washington Post reports.
Trump Administration Unfazed by Court Losses
CNN: “Even before President Donald Trump retook office, his advisers expected that his executive orders and other policy moves would face immediate legal challenges. It was expected that those challenges would be filed in districts that were friendly to challengers and would result in initial losses for the administration…”
“But the Trump legal strategy has always been a long game designed to get these questions before the conservative supermajority at the Supreme Court where his lawyers believe Trump will prevail in his expansive use of executive power. A recent string of court losses has not deterred the administration from continuing to pursue this strategy.”
Washington Post: More than a dozen judges have said Trump and Co. probably broke the law.
Judges Fear for Their Safety
“President Trump’s angry call on Tuesday for the impeachment of a federal judge who ruled against his administration on deportation flights has set off a string of near-instant social media taunts and threats, including images of judges being marched off in handcuffs,” the New York Times reports.
Trump Administration Nears Open Defiance of the Courts
Ruth Marcus: “We are witnessing a constitutional system on the brink. The crisis started on Saturday, when James E. Boasberg, the chief judge of the U.S. District Court for the District of Columbia, issued an order that could hardly have been clearer: he told the Trump Administration to halt the imminent deportation of immigrants alleged to be Venezuelan gang members.”
“Federal judges are accustomed to being obeyed, but there is a new Administration in town, and it is dangerously and deliberately testing the limits of judicial power.”
Trump Resumes Attacks on Federal Judge
“President Trump early Wednesday renewed his attacks on a federal judge who ordered the administration to turn around flights carrying alleged Venezuelan gang members, despite pushback from the chief justice of the Supreme Court,” The Hill reports.
Said Trump: “If a President doesn’t have the right to throw murderers, and other criminals, out of our Country because a Radical Left Lunatic Judge wants to assume the role of President, then our Country is in very big trouble, and destined to fail!”
John Roberts Is an Enabler and a Restraint on Trump
“Once again, it comes down to John Roberts and Donald Trump,” CNN reports.
“It was Chief Justice Roberts, of course, who wrote last year’s Supreme Court decision giving then-candidate Trump substantial immunity from criminal prosecution. But in recent weeks, it also was Roberts who steered the court in its calibrated approach to litigation arising from President Trump’s orders overhauling government – refusing to give administration lawyers the quick endorsement they sought.”
David Graham: What John Roberts’ rebuke of Trump left out.
Chief Justice Rebukes Trump Over Threat of Impeachment
“Chief Justice John Roberts said the impeachment of federal judges is ‘not an appropriate response’ to disagreement with their rulings,” Bloomberg reports.
“The extraordinary statement from the leader of the Supreme Court comes hours after President Trump called for the impeachment of a judge who tried to pause the deportation of hundreds of alleged Venezuelan gang members.”
Said Roberts: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
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