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    Trump keeps being overruled by judges. And his temper tantrums won’t stop that | Steven Greenhouse

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    It’s hard to keep track of all the temper tantrums that Donald Trump has had because he’s so ticked off that one judge after another has ruled against his flood of illegal actions. In seeking to put their fingers in the dike to stop the US president’s lawlessness, federal judges have issued a startling high number of rulings, more than 185, to block or temporarily pause moves by the Trump administration.Livid about all this, White House press secretary, Karoline Leavitt, has railed against “judicial activism”, while Trump adviser Stephen Miller carps about a “judicial coup”. As for Trump, the grievance-is-me president has gone into full conniption-mode, moaning about anti-Trump rulings and denouncing “USA-hating judges”. On Truth Social, he said: “How is it possible for [judges] to have potentially done such damage to the United States of America? Is it purely a hatred of ‘TRUMP’? What other reason could it be?”Trump is acting like the 10-year-old bully who pummeled a dozen classmates in the schoolyard, but when his teacher called him out for his thuggishness, he burst into tears and screamed: “This is so unfair! Why are you picking on me?”A word of advice to Trump: you should realize that dozens of judges keep ruling against you because you have flouted the law more than any previous president and because you and your flunkies keep misinterpreting and stretching the nation’s laws far beyond their meaning.Take Trump’s Liberation Day tariffs, when he announced steep, across-the-board tariffs against 57 countries. On that day, Trump became the first president to use the International Emergency Economic Powers Act of 1977 to impose tariffs. To Trump’s dismay, three judges on the US court of international trade unanimously ruled that he had overstepped his authority and gone far beyond what that 1977 law allows presidents to do. The trade court wrote that the constitution gives Congress, not the president, power over tariff policy and that the 1977 law didn’t give Trump “unbounded” authority to impose tariffs.After that 28 May ruling, Trump’s latest tantrum began.Then, there’s his chest-thumping, cold-hearted rush to expel as many immigrants as possible. To accomplish that, Trump became the first president to invoke the 227-year-old Alien Enemies Act in peacetime. twisting that law’s language to declare that several dozen gang members from Venezuela constitute a war-like invasion force, similar to an enemy army, who could therefore be deported without due process. But several sane, sober judges told Trump that he is full of it. There’s no war-like invasion here.And then there’s Trump’s effort to stomp on several prestigious law firms that have done things or hired people he doesn’t like. Trump became the first president to essentially put a gun to various law firms’ heads to try to make them submit to him. He sought to undermine those firms’ business with astonishingly vengeful executive orders that not only said that their lawyers couldn’t enter federal buildings and would lose their security clearances, but that their corporate clients might lose their federal contracts. And then there was the unspoken threat that Trump would block corporate deals that those firms’ lawyers were working on. This is poisonous stuff, punishing law firms for doing what our legal system has long called on firms to do: represent clients, even unpopular ones (even ones Trump doesn’t like).Here, Trump was engaging in a shakedown, in effect saying: “That’s a nice law firm you have. It’s a shame if something happens to it. (So you’d be smart to submit to my demands.)” Again, several judges told Trump he’s full of it, that the law firms hadn’t done anything wrong to warrant such illegal shakedown efforts.There are cases galore in which judges found that Trump acted illegally. Judges have provisionally blocked his push to bar international students from attending Harvard and ordered the release of several immigrant graduate students his administration arrested. Judges have ruled against Trump’s dismantling of the Department of Education, his freezing up to $3tn in funding for the states and his firing thousands of federal civil servants.Hating to see judges rule against his boss, Stephen Miller absurdly asserted: “We are living under a judicial tyranny,” while Leavitt carped that judges have “usurp[ed] the authority of President Trump to stop him from carrying out the mandate that the American people gave him”. (What mandate? Trump didn’t even receive 50% of the vote, beating Kamala Harris by a mere 1.5 percentage points. Nor did Americans vote for Trump’s tariff chaos or his all-out war against universities.)What we’ve heard from Trump (and mouthpieces Leavitt and Miller) is dangerous stuff. Trump is essentially rejecting the idea of judicial review. Like many authoritarian rulers, he hates having judges weigh whether his actions have violated the law. Trump forgets that under the constitution, judges (not the president) are the umpires who rule whether the president or Congress is following or flouting the law. As Ty Cobb, a former lawyer for Trump, said: “Trump’s attack on the judges is an attempt to undo the separation of powers. It’s an attempt to take what is three coequal branches and make it one dominant branch.”Trump’s attacks against the judiciary are dangerous in another way – they have literally endangered judges’ safety. In the five months before 1 March, 80 judges received threats, but after Trump’s tirades against judges began to crescendo in February, the number of threats soared: more than 160 judges received threats in the six weeks after 1 March. On Memorial Day, Trump loosed another rant, calling judges who ruled against him “monsters who want our country to go to hell”.With these diatribes, Trump is seeking to delegitimize the judiciary and turn the public against judges, just as his unrelenting attacks against the news media have helped cause many people to lose faith in the media, no matter that many news organizations are as accurate and fair-minded as ever (and far more truthful than Trump).Trump’s war against the judiciary has taken another form – his administration has evaded, skirted and ignored numerous judicial orders – stonewalling a judge’s request for information in an immigration case, failing to comply with the US supreme court’s call to “facilitate” the return of a wrongly deported immigrant, dragging its feet in restoring funding that had been illegally frozen.After the trade court’s ruling, Leavitt griped that judges issued more “injunctions in one full month of office, in February, than Joe Biden had in three years”. Leavitt is blind to the obvious reason for this – Trump, in churning out more than 150 executive orders, a record number – has far too often violated the law and the constitution with abandon, while Biden was far more scrupulous in complying with the law.Trump and cronies should recognize that there’s a very simple way to get judges to stop overruling his actions. All Trump has to do is stop taking all these illegal, vindictive actions and stop issuing all these destructive, lawless executive orders. What’s more, considering that Trump once tweeted: “He who saves his Country does not violate any Law,” he needs to stop acting like a modern-day king or Napoleon who is above the law.

    Steven Greenhouse is a journalist and author, focusing on labour and the workplace, as well as economic and legal issues More

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      Trump pardons two divers convicted of theft for freeing sharks off Florida coast

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      Donald Trump has pardoned two south Florida shark divers convicted of theft for freeing 19 sharks and a giant grouper from a fisherman’s longline several miles from shore.Pardons for Tanner Mansell and John Moore Jr were signed on Wednesday. They had been convicted in 2022 of theft of property within special maritime jurisdiction.The two men avoided prison time, but they were ordered to pay $3,343.72 in restitution, and the felony convictions prevented them from voting in Florida, owning firearms and traveling freely outside the US.“We never stopped fighting, and justice has finally prevailed,” Moore’s attorney, Marc Seitles, said in a statement. “We are thrilled the White House considered our arguments and determined this was an unjust prosecution. We could not be happier for John and Tanner.”Moore, who was captain of a shark-diving charter boat, and Mansell, a crew member, spotted the longline about 3 miles (5km) off the Jupiter Inlet in August 2020, according to court records. Believing it was an illegal fishing line, the men freed the sharks and grouper, reported it to state wildlife officials and brought the line back to shore.Federal prosecutors later charged the men with theft. Officials said the line actually belonged to a fisherman licensed by the National Oceanic & Atmospheric Administration (Noaa) to catch sharks for research.Mansell and Moore were convicted by a jury, and their appeals were later denied. The full and unconditional pardons signed by the US president erase those convictions.“This case never should have been filed,” Mansell’s attorney, Ian Goldstein, said in a statement. “These gentlemen made an honest mistake and were trying to save sharks from what they believed to be an illegal longline fishing setup. I can’t think of two individuals more deserving of a Presidential Pardon.” More

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      Stakes are high for US democracy as conservative supreme court hears raft of cases

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      A year has proved to be a long time on the scales of US justice.Less than 12 months ago, the US supreme court was in serious disrepute among liberals following a series of ethics scandals and a spate of highly contentious, conservative-leaning rulings. It culminated in a ruling last July vastly expanding a president’s immunity from prosecution, virtually guaranteeing that Donald Trump would escape criminal censure for the 6 January 2021 insurrection and retaining classified documents.So far had the court’s stock with Democrats fallen, that Joe Biden called for radical reforms on how the court was run and a constitutional amendment asserting that no president was above the law or immune for crimes committed in office.Now, with a re-elected and vengeful Trump having run rampant over democratic norms by issuing a fusillade of often illegal and unconstitutional executive orders, the same court – with the same nine justices on the bench – is being cast in the unlikely role of potential saviour of American democracy.Critics who once derided the judicial consequences of the court’s six-three conservative majority hope that the justices will show enough fealty to the US constitution to mitigate the effect of Trump’s all-out assault on a range of rights, from birthright citizenship to basic due process appeals against deportation, and preserve the constitutional republic’s defining contours.“The court is certainly a very important institution at this moment since Congress is completely pliant and not asserting its own prerogatives and the executive branch doesn’t seem to be guided by any internal legal constraint,” said Jamal Greene, a law professor at Columbia University and a former high-ranking justice department official in the Biden administration.The court has already adjudicated in several high-profile cases since Trump’s return – notably ruling against the administration in ordering it to “facilitate” the return of Kilmar Ábrego García, a Maryland resident wrongly deported to El Salvador.But it has ruled in Trump’s favour, at least temporarily, in several others.The stakes are about to be raised further still as a spate of cases arising from rulings against the administration by lower-court judges awaits the supreme court’s final say before its current term ends this month.These include: the rights of lower courts to issue injunctions against Trump’s efforts to restrict birthright citizenship, which is guaranteed in the constitution; an attempt by Tennessee to ban or limit transgender care for minors; a complaint by parents in Maryland against allowing LGBTQ+ books in elementary schools; the need for insurers to cover preventive healthcare costs under the Affordable Care Act; and attempts to cut off public funding for Planned Parenthood.Added to that daunting schedule, the justices can expect additional unaccustomed summer workload in the shape of seemingly unending emergency cases generated by Trump’s no-holds-barred attempt to transform government.Most experts believe the court will ultimately rule against Trump’s attempt to undermine birthright citizenship rights, given that they are so clearly defined in the 14th amendment of the constitution. Yet the devil may be in the detail. Some analysts believe the court has already lent the administration’s case unwarranted credibility by agreeing to consider its challenge against lower courts’ powers to issue nationwide injunctions on the subject. Perhaps tellingly, the court has not called for a supplemental briefing on whether Trump’s 20 January executive order was legal.Hopes that the current court can act as a brake on Trump seem forlorn given its conservative majority and the fact that three of its members – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – were appointed to the bench by Trump himself. In addition, Justices Clarence Thomas and Samuel Alito consistently take hardline positions that seem predisposed to favour Trump.Yet speculation that the chief justice, John Roberts, and Coney Barrett have become disenchanted by the brazenness of Trump’s actions has fueled optimism. Some believe they could vote with the court’s three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson – who consistently issue dissenting opinions on rightwing rulings – frequently enough on key occasions to form an effective bulwark.But Leah Litman, a law professor at the University of Michigan and author of a book on the court entitled Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, is sceptical.A recent ruling upholding the president’s firing of the head of the National Labor Relations Board, Gwynne Wilcox, which gave Congress the power to limit a president’s ability to remove officials from independent agencies – shows the conservative justices’ reverting to type, she said.“Some people wondered: ‘Was the court going to have second thoughts about, for example, their immunity decision giving Donald Trump such leading powers, including powers to act outside of the law and above it?’” Litman argued. “I think the Wilcox ruling underscored that the answer is definitively no.”Underpinning the conservative justices’ approach is the unitary executive theory, which posits that the president has sole authority over the government’s executive branch, allowing him to fire members of nominally independent agencies without cause.“They have been pushing this theory for over three decades and now they have a chance to make a pretty muscular version of it the law,” Litman said. “Chief Justice Roberts and Justice Barrett understand that the court can’t let Donald Trump get away with everything, including usurping Congress’s power or obviously depriving individuals of due process. But short of that, I don’t think they are having any kind of second thoughts about their own views of executive power or about the law more generally.”The few cases of the court standing up to Trump, argues Litman, have been “overplayed” and pale in importance compared with other rulings that have emboldened the president, including upholding the stripping of temporary protected status from about 300,000 Venezuelans.Greene defined the court’s approach as “formalist” and ill-suited to counter Trump’s lawbreaking. He contrasted it with the much bolder ethos under Chief Justice Earl Warren’s leadership in the 1950s and 1960s, when the court became renowned for creatively enforcing racial desegregation and civil rights orders in the south.“Trump’s modus operandi is to exploit what he perceives as weaknesses in the system of enforcement and accountability,” Greene said. “If he thinks that courts are not going to be able to step in, he will try to exploit that as much as he can, unless and until he’s stopped by some political actor or an actor with more power.“The Trump administration is exploiting the formality and the lack of creativity of courts in general, but the supreme court in particular.”The court’s writ has already been exposed as limited by Trump’s failure to comply with its order to facilitate the return of Ábrego García to the US.According to Greene, the White House’s failure to police its own actions to ensure they are in line with the law and the constitution already amounts to a constitutional crisis, because the courts lack the time and resources to counter unbridled violations.That puts added onus on the supreme court to fulfill its role as ultimate arbiter, argues Litman.“We should continue to demand that they actually do uphold the law,” she said. “I don’t think we should just give up and give in to their inclination to not enforce the law and allow Donald Trump to get away with legal violations. If they don’t, force them to expend the capital and pay a price in their public approval rating.” More

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      Trump tariffs derailed by law firm that received money from his richest backers

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      Donald Trump’s tariff policy was derailed by a libertarian public interest law firm that has received money from some of his richest backers.The Liberty Justice Center filed a lawsuit against the US president’s “reciprocal” tariffs on behalf of five small businesses, which it said were harmed by the policy.The center, based in Austin, Texas, describes itself as a libertarian non-profit litigation firm “that seeks to protect economic liberty, private property rights, free speech, and other fundamental rights”.Previous backers of the firm include billionaires Robert Mercer and Richard Uihlein, who were also financial backers of Trump’s presidential campaigns.Mercer, a hedge fund manager, was a key backer of Breitbart News and Cambridge Analytica, pouring millions into both companies. He personally directed Cambridge Analytica to focus on the Leave campaign during the UK’s Brexit referendum in 2016 that led to the UK leaving the European Union.For its lawsuit against Trump’s tariffs, the Liberty Justice Center gathered five small businesses, including a wine company and a fish gear and apparel retailer, and argued that Trump overreached his executive authority and needed Congress’s approval to pass such broad tariffs.The other group who sued the Trump administration over its tariffs was a coalition of 12 Democratic state attorney generals who argued that Trump improperly used a trade law, the International Emergency Economic Powers Act (IEEPA), when enacting his tariffs.In such a polarized time in US history, it may feel odd to see a decision celebrated by liberal and conservatives. But Trump’s tariffs have proven controversial to members of both parties, particularly after Wall Street seemed to be put on edge by the president’s trade war.The US stock market dipped down at least 5% after Trump announced the harshest of his tariff policies. Recovery was quick after Trump paused many of his harshest tariffs until the end of the summer.Stocks started to rally on Thursday morning after the panel’s ruling. The judges said that the law Trump cited when enacting his tariffs, the IEEPA does not “delegate an unbounded tariff authority onto the president”. The decision is on a temporary hold after the Trump administration appealed.skip past newsletter promotionafter newsletter promotionWhile the ruling does not impact specific tariffs on industries such as aluminum and steel, it prevents the White House from carrying out broad retaliatory tariffs and its 10% baseline “reciprocal” tariff. The White House is appealing the ruling, which means the case could go up to the US supreme court, should the high court decide to take on the case.Members of both groups who sued the Trump administration celebrated the ruling. Jeffrey Schwab, senior counsel for the Liberty Justice Center, said in a statement that it “affirms that the president must act within the bounds of the law, and it protects American businesses and consumers from the destabilizing effects of volatile, unilaterally imposed tariffs”. Oregon’s Democratic attorney general, Dan Rayfield, who helped the states’ lawsuit, said that it “reaffirms that our laws matter”.In a statement, Victor Schwartz, the founder of VOS Selections, a wine company that was represented by the Liberty Justice Center in the suit, said that the ruling is a “win” for his business.“This is a win for my small business along with small businesses across America – and the world for that matter,” he said. “We are aware of the appeal already filed and we firmly believe in our lawsuit and will see it all the way through the United States Supreme Court.” More

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      Judge says Trump’s bid to deport Mahmoud Khalil is unconstitutional

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      The Trump administration’s bid to deport Mahmoud Khalil, the Columbia University student and pro-Palestinian activist, is likely unconstitutional, a US judge has said.In a lengthy order issued Wednesday, Judge Michael Farbiarz wrote that the government’s primary justification for removing Khalil – that his beliefs may pose a threat to US foreign policy – could open the door to vague and arbitrary enforcement.Still, Farbiarz stopped short of ordering Khalil released from a Louisiana jail, finding his attorneys had not sufficiently responded to another charge brought by the government: that Khalil did not properly disclose certain personal details in his permanent residency application.The judge said he planned to issue an order shortly outlining next steps in the case.Khalil, a legal US resident, was detained by federal immigration agents on 8 March in the lobby of his university-owned apartment, the first arrest under Donald Trump’s widening crackdown on students who joined campus protests against Israel’s war in Gaza.He has been held for nearly 12 weeks at an immigration detention center in Jena, Louisiana, missing the birth of his first child and his recent graduation from Columbia University.Attorneys for Khalil argue his detention is part of a broader attempt by the Trump administration to suppress constitutionally protected free speech.In letters sent from the jail, Khalil has maintained that his arrest was “a direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza”.The federal government has not accused Khalil of breaking any laws. Instead, they have submitted a memo signed by the secretary of state, Marco Rubio, arguing that Khalil’s presence in the US may pose a threat to US foreign policy interests.The government has offered the same justification to detain other pro-Palestinian activists, including another student at Columbia, Mohsen Mahdawi; a Tufts University student, Rümeysa Öztürk; and a Georgetown University scholar, Badar Khan Suri. All three have won their custody in recent weeks as they continue to fight their cases.In Khalil’s case, the government also said he withheld information from his residency application about his involvement in some organizations, including a United Nations agency that resettles Palestinian refugees and a Columbia protest group.The judge on Wednesday said attorneys for Khalil had not properly responded to those allegations, but would be permitted to address the issue in the future.Nico Perrino of the Foundation for Individual Rights and Expression called it a “mixed ruling” on Khalil’s motion for a preliminary injunction, because the judge wrote that he “is likely to succeed on his First Amendment claim, but likely to lose on a residency application issue. For that reason, the judge denied the request for a preliminary injunction, pending further briefing on the First Amendment issue.”Farbiarz’s ruling marked the first time a federal judge had weighed in on the constitutionality of Trump’s use of a law granting the US secretary of state the power to seek the deportation of any non-citizen whose presence in the country is deemed adverse to US foreign policy interests.The Newark, New Jersey-based judge said the law, known as section 1227, was vague because people would have no way of knowing what might get them deported.“An ordinary person would have had no real inkling that a Section 1227 removal could go forward in this way – without the Secretary first determining that there has been an impact on American relations with another country,” Farbiarz said in a 101-page ruling.Khalil and his supporters say his arrest and attempted deportation are violations of his right to freedom of speech under the US constitution’s first amendment. Farbiarz has blocked officials from deporting Khalil while his challenge to the constitutionality of his arrest plays out.He wrote that he would not rule for now on whether Khalil’s first amendment rights had been violated.In a statement, Khalil’s legal team said it would give Farbiarz the additional argument he sought as quickly as possible.“Every day Mahmoud spends languishing in an Ice detention facility in Jena, Louisiana, is an affront to justice, and we won’t stop working until he is free,” his lawyers said. More

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      Will Donald Trump defy the US supreme court? | Steven Greenhouse

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      With the most authoritarian and lawless president in history sitting in the White House, the US supreme court is no doubt worried about looking weak in one of two ways. First, the court fears it will look pathetically weak if it becomes the first supreme court in history to have a president defy its rulings in a wholesale way. With that in mind, the court seems to be taking pains to avoid provoking Donald Trump’s defiance – it has issued several decisions upholding the president’s actions while in other cases, it has given him lots of wiggle room even as it objected to his administration’s moves.Then there’s the court’s second, big worry – that it will look pathetically weak if it doesn’t stand up to the most authoritarian president in US history. Many legal experts criticize the court for not standing up more to Trump, even though he has brazenly attacked the court and many lower-court judges, has defied several judicial orders and has, according to numerous judges, repeatedly violated the law – whether by deporting immigrants without due process or by freezing funds approved by Congress.The court’s six conservative justices have let themselves seem like Trump’s chumps because they’ve often bowed to him instead of standing up and ruling against him. The foremost example is last year’s supreme court ruling giving Trump astonishingly broad immunity from criminal prosecution.The image-conscious chief justice, John Roberts, and his court have to decide which of two paths to take. One path – which the court’s conservative supermajority seems to be following – is to issue pro-Trump rulings to avoid inciting his ire and defiance. That approach might spare the court the Maga movement’s anger, but historians will look dimly on the court for bending in Trump’s favor – they’ll accuse it of complicity and sacrificing principle for not blocking Trump moves that, many legal experts, conservative, centrist and progressive, say, violate federal law and the constitution.The court can choose a more courageous path: stick to principle and not shrink from ruling against Trump. That might spur the bull-headed president to defy the court, but under that scenario, historians would praise the justices for upholding the law and the court’s constitutional role and for not letting themselves become stooges for a power-hungry president.The Roberts court has given us some hope, but not much. In a surprise ruling at 1am one April night, it seemed to develop a few inches of backbone by ordering the Trump administration not to deport several dozen Venezuelan immigrants to El Salvador without first giving them due process.That was a promising ruling, but on the other side of the ledger, the court has often bowed to Trump, for instance, by overturning a lower court ruling and letting Trump fire 16,000 probationary federal employees and by letting his administration suspend $65m in teacher-training grants. Moreover, the rightwing supermajority did Trump a big favor by letting him provisionally remove the heads of two independent agencies, the National Labor Relations Board and the Merit Systems Protections Board. That hurried ruling, made without full briefing or arguments, indicated that the court’s conservatives are eager to overturn a unanimous, 90-year-old supreme court decision that limits presidents’ ability to fire officials at independent agencies. In this way, the Roberts court is giving more power to our dangerously authoritarian president.Let’s not forget how weak the court has looked for failing to act firmly to assure the return of Kilmar Ábrego García, an immigrant from El Salvador who even Trump administration officials acknowledged was deported illegally. On 10 April, the court issued a wimpy decision that called on the Trump administration to “facilitate” Ábrego Garcia’s return – it stopped short of using the district court’s more muscular language to “effectuate” his return. More than six weeks have passed since the high court called on Trump to bring back Ábrego García, but Trump hasn’t done so. His administration has sidestepped outright defiance by pretending that it is seeking to facilitate Ábrego García’s return.Not only that, Trump has smeared the justices by saying: “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” Trump has also savaged several federal district court judges, calling one a “radical left lunatic” and denouncing others as “MONSTERS WHO WANT OUR COUNTRY TO GO TO HELL”.With their hard-right ideology, the court’s supermajority evidently sympathizes with many of Trump’s moves and has blessed such moves far more often than many legal scholars would like. In doing so, the court has emboldened Trump to take even more actions that push – and often overstep – the boundaries of what is legal. In a worrisome development, the court has, at least thus far, shown surprisingly little concern about Trump’s defiance of district court judges’ orders and his authoritarian effort to assert his dominance over the two, other theoretically co-equal branches of government: the judiciary and Congress.For its own good and for the nation’s good, the supreme court needs to step up and do its utmost to stop Trump’s lawlessness and his unprecedented efforts to defy district court rulings and lash out against the judiciary. Trump has called for impeaching judges who ruled against him, and as his tirades against judges have increased, the number of judges who have received threats has soared.The court needs to issue some strong, clarion decisions that make clear to the nation that Trump has shown repeated contempt for the constitution, the rule of law and the judiciary. The justices should move quickly to issue an outrage-filled ruling that finds that Trump violated law firms’ free speech rights by punishing several firms for taking cases he didn’t like or employing lawyers he didn’t like. The justices should also move swiftly to issue a strong ruling in favor of Harvard University and against Trump’s vindictive assault – an assault that violated Harvard’s first amendment rights by seeking to suppress speech and ideas that Trump doesn’t like and by trying to dictate much of Harvard’s hiring, curriculum and admissions policies.The court should also issue a forceful ruling that demolishes Trump’s arguments that he can invoke the 1798 Alien Enemies Act to deport alleged Venezuelan gang members en masse without due process. The court should trumpet the absurdity of Trump’s claim that Venezuelan immigrants constitute an invasion force the way, for instance, British troops constituted an invasion force during the war of 1812.The court should also shoot down Trump’s efforts to gut federal agencies and freeze funding by making it emphatically clear that those efforts violate Congress’s article I spending power. The conservative supermajority should also rethink its intention to overturn the 1935 ruling that limits presidents’ ability to fire members of independent agencies. That ruling sought to ensure that those agencies didn’t become partisan puppets that do whatever a president wants – something that no one should want when the nation has such a vengeful and capricious president.With the Roberts court slated to issue a flood of rulings by early July, the justices have an important choice: to bend to Trump or to grow a real backbone. Does the Roberts court want to be remembered as cowardly enablers who helped the most authoritarian and lawless president in history consolidate power? Or do the justices want to be remembered as determined defenders who stood up to an authoritarian bully to protect our laws, our constitution and our democracy?

      Steven Greenhouse is a journalist and author focusing on labor and the workplace, as well as economic and legal issues More

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      Judge strikes down Trump order that targeted US law firm WilmerHale

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      Donald Trump’s campaign against the legal profession hit another setback on Tuesday as a federal judge struck down yet another executive order that sought to place sanctions on one of the country’s most prestigious law firms.The order in favor of WilmerHale marks the third time this month that a federal judge in Washington has deemed the US president’s series of law firm executive orders to be unconstitutional and has permanently barred their enforcement.“The cornerstone of the American system of justice is an independent judiciary and an independent bar willing to tackle unpopular cases, however daunting. The Founding Fathers knew this!” wrote US district judge Richard Leon.To permit the order to stand, Leon wrote, “would be unfaithful to the judgment and vision of the Founding Fathers”.The firm applauded the ruling from Leon, an appointee of former Republican president George HW Bush.“The court’s decision to permanently block the unlawful executive order in its entirety strongly affirms our foundational constitutional rights and those of our clients. We remain proud to defend our firm, our people, and our clients,” a spokesperson for the firm said.The ruling was similar to one from Friday by a different judge that rejected a Trump edict against the firm of Jenner & Block and another one from earlier in the month in favor of the firm Perkins Coie.The firms had all been subjected to Trump executive orders that sought to impose the same set of consequences, including suspending security clearances of attorneys and barring employees from federal buildings.The orders have been part of a broader effort by Trump to reshape US civil society by targeting perceived adversaries in hopes of extracting concessions from them and bending them to his will.Several of the firms singled out for sanctions have either done legal work that Trump has opposed, or currently have or previously had associations with prosecutors who at one point investigated him.The order against WilmerHale, for instance, cited the fact that the firm previously employed former justice department special counsel Robert Mueller, who led an investigation during Trump’s first term into potential ties between Russia and Trump’s 2016 campaign.Other major firms have sought to avert orders by preemptively reaching settlements that require them, among other things, to collectively dedicate hundreds of millions of dollars in free legal services in support of causes the Trump administration says it supports. More

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      US federal judges consider creating own armed security force as threats mount

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      Federal judges are discussing a proposal that would shift the armed security personnel responsible for their safety away from the Department of Justice (DoJ) and under their own control, as fears mount that the Trump administration is failing to protect them from a rising tide of hostility.The Wall Street Journal revealed on Sunday that the idea of creating their own armed security detail emerged at a meeting of about 50 federal judges two months ago. A security committee at the twice-yearly judicial conference, a policymaking body for federal judges, raised concerns about the increasing number of threats against judges following Trump’s relentless criticism of court rulings against his policies.Under the current system, federal judges are protected by the US marshals service, which is managed by the justice department. According to Wall Street Journal, those participating at the March conference expressed worries that Trump might instruct the marshals to withdraw security protection from a judge who ruled against him.Amid those anxieties, the idea surfaced that federal judges should form their own armed security force. That would involve bringing the US marshals service under the direct control of the head of the judiciary, Chief Justice John Roberts.At present, marshals fall under the remit of Pam Bondi, the US attorney general. Bondi was appointed by the president and is a Trump loyalist.She has made clear she will be guided by him – breaking a decades-long norm that kept the White House at arm’s length from the DoJ to ensure law enforcement and prosecutorial independence.John Coughenour, a federal judge in the western district of Washington, told the Journal that he thought the transfer of the marshals out of Trump’s and into judicial control was a “wonderful idea”. He added: “There’s never been any reason in the 43 years that I’ve been on the bench to worry that the marshals service would do whatever was appropriate – until recent years.”Coughenour is one of a growing number of judges who have faced security threats in the wake of Trump’s deluge of invective. In February the judge issued an order blocking Trump’s attempt to end birthright citizenship for children born on US soil to parents lacking legal status in the country.The judge was then targeted by a swatting attack, where a fake alarm is called into police and a Swat team sent out to the individual’s home.Senior Democrats have demanded an investigation into a spate of dozens of pizza deliveries to the homes of federal judges. The actions are seen as intimidatory, as it shows judges that their private addresses are known.Federal judges have found themselves on the front lines of constitutional battles over Trump’s executive orders over such contentious issues as birthright citizenship, the mass deportation of undocumented immigrants, and the dismissal of tens of thousands of federal employees. So far there have been 249 legal challenges to Trump administration actions, according to a Just Security tracker.Trump has used his social media platform Truth Social to lash out at named judges who have blocked his policies on grounds that they violate the US constitution or law. When Judge James Boasberg objected to the deportation of Venezuelans to El Salvador in the absence of due process, the president called him a “radical left lunatic” and said he should be impeached. Boasberg was first appointed to the federal bench by Republican George W Bush.The White House provided the Journal with a statement from the justice department. It said that marshals would “continue to protect the safety and security of federal judges” and that any other suggestion was “absurd”. More

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      US judge overturns Trump order targeting major law firm Jenner & Block

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      A US judge on Friday overturned Donald Trump’s executive order targeting Jenner & Block, a big law firm that employed a lawyer who investigated him.Trump’s executive order, called Addressing Risks from Jenner & Block, suspended security clearances for the firm’s lawyers and restricted their access to government buildings, officials and federal contracting work.Trump accused the law firm of engaging in activities that “undermine justice and the interests of the United States”, claiming that it participated in politically driven legal actions. In the executive order, Trump specifically criticized the firm for hiring Andrew Weissmann, an attorney who worked on Robert Mueller’s investigation into allegations of Russian influence in Trump’s 2016 campaign.The firm sued to block Trump’s order, arguing it violated the constitution’s first and fifth amendments.US district judge John D Bates ruled on Friday that Trump’s directive violated core rights under the US constitution, mirroring a 2 May ruling that struck down a similar executive order against law firm Perkins Coie.Bates did not mince words when calling a Trump executive order unconstitutional, which sought to target Jenner & Block.Trump’s order, Bates wrote, “makes no bones about why it chose its target: it picked Jenner because of the causes Jenner champions, the clients Jenner represents, and a lawyer Jenner once employed”.“Going after law firms in this way is doubly violative of the constitution,” Bates said.The justice department and the White House did not immediately respond to requests for comment. The administration can appeal Bates’ order to the US court of appeals for the District of Columbia circuit.Trump signed an executive order in March, targeting Jenner & Block by suspending security clearances and restricting their access to government buildings, officials and federal contracting work. This was, Trump claimed, because of politically motivated “lawfare” the firm engaged in.By attempting to push forward this executive order, Trump attempted to “chill legal representation the administration doesn’t like, thereby insulating the executive branch from the judicial check fundamental to the separation of powers”.Bates added that the Trump executive orders against law firms “follow the same recipe: other than personalized touches in their first sections, they generally direct the same adverse actions towards each firm and decry the threat each firm poses to national security and the national interest”.Bates was appointed to the District of Columbia in 2001 by George W Bush. He blocked Trump’s executive order completely.Apart from Jenner and Perkins Coie, two other firms – WilmerHale and Susman Godfrey – have sued the Trump administration to permanently block executive orders he issued against them.Nine law firms, including Paul Weiss, Milbank, Simpson Thacher and Skadden Arps, have pledged nearly $1bn in free legal services to causes the White House supports and made other concessions to avoid being targeted by Trump.The justice department has defended Trump’s executive orders against Jenner and other law firms as consistent with the broad reach of presidential authority.Reuters contributed reporting More