There’s a guy named Steve Vladeck, a law professor at Georgetown U, who writes a Substack column called One First. He’s worth checking out. A couple of days ago he wrote that The Supreme Court’s (Alien Enemies Act) Patience is Wearing Thin. Here’s a bit that points out what is significant in the ruling.
First, that the Fifth Circuit did have jurisdiction to hear the plaintiffs’ appeal of the district court’s refusal to block their removal (the Fifth Circuit had concluded otherwise). Second, that the plaintiffs were entitled to more notice than they had received as of April 18. And third—and this is the quiet bombshell in the ruling—that “this Court may properly issue temporary injunctive relief to the putative class in order to preserve our jurisdiction pending appeal,” even without resolving whether full class certification is likely. In other words, a majority of the Supreme Court held that, when issuing preliminary relief, it (and lower federal courts) can recognize a “putative” (or “provisional”) class of plaintiffs for purposes of temporary relief even before a class has been properly certified in the district court—and perhaps even without regard to whether it will be. More below on why this is immensely significant not just for challenges to the AEA, but elsewhere.
The SCOTUS has been consistent in saying that all of the targeted migrants are entitled to due process, even if they are dragging their feet about ruling on Trump’s use of the Alien Enemies Act. But now — get this — Trump has decided the SCOTUS ruling is illegal.
Donald Trump is still seething at the Supreme Court after it issued a ruling Friday continuing to block his efforts to deport immigrants without due process by citing an archaic wartime law.
On Saturday, Trump shared a post on Truth Social from lawyer Mike Davis, one of his most extreme MAGA allies, claiming that the Supreme Court put “an illegal injunction on the president of the United States, preventing him from commanding military operations to expel these foreign terrorists.”
Of course, nobody is stopping Trump from deporting people who deserve deporting. He just doesn’t want to go through the bother of due process first. And that’s because if he had to prove all these people were criminals and threats to the country, it would shrink the number of people he deports to a ridiculously tiny size.
Trump also has ordered his departments to stop enforcing rules he doesn’t like.
At the Transportation Department, enforcement of pipeline safety rules has plunged to unprecedented lows since President Donald Trump’s inauguration.
Trump recently ordered Energy Department staff to stop enforcing water conservation standards for showerheads and other household appliances. And at one Labor Department division, his appointeeshave instructed employees to halt most work related to antidiscrimination laws.
Across the government, the Trump administration is trying a new tactic for gutting federal rules and policies that the president dislikes: simply stop enforcing them.
Meanwhile, the Guardian is reporting that a proposed rule change would make it easier for Trump to fire economists who produce data Trump doesn’t like.
Trump has ordered Walmart to “eat the tariffs” rather than raise prices because of the tariffs. After Walmart announced it would have to start raising prices because of the tariffs, Trump said, “Walmart should STOP trying to blame Tariffs as the reason for raising prices throughout the chain. Walmart made BILLIONS OF DOLLARS last year, far more than expected.” Which suggests Trump thinks Walmart did pretty well while Joe Biden was president. “Between Walmart and China they should, as is said, ‘EAT THE TARIFFS,’ and not charge valued customers ANYTHING.” At least he’s admitting the tariffs will have an impact on Walmart. That’s a step.
By Trump’s own definition of the word, Trump is becoming a Marxist.
In the opening months of his second term, Trump has taken an unusually direct and high-profile role in attempting to manage the sprawling American economy — an approach that could bring him enormous benefits if it thrives or danger if it stumbles. It’s a departure from decades of Republican orthodoxy and arguably from Trump’s own history; during the 2024 campaign, he called Democrat Kamala Harris a communist and a Marxist because her vow to tackle price gouging could have led to price controls.
But he’s ordering Walmart to not raise prices. He recently issued an executive order directing pharmaceutical companies to lower their prices in the U.S. to be the same as in other countries.
Every time news media presents a criticism of Trump, throws a temper tantrum and threatens the news outlet with legal action. We are in big trouble.
Eviscerating the federal government and subjugating Congress; defying court orders and delegitimising judges; deporting immigrants and arresting protesters without due process; chilling free speech at universities and cultural institutions; cowing news outlets with divide-and-rule. Add a rightwing media ecosystem manufacturing consent and obeyance in advance, along with a weak and divided opposition offering feeble resistance. Join all the dots, critics say, and America is sleepwalking into authoritarianism.
Since the paragraph above was published, in March, the resistance has grown moe robust. But we need even more.
There are a lot of people to blame for this, including the voters who still aren’t paying attention. But nobody helped set this crisis up better than the Supreme Court, which could have stopped him but instead sat on its hands and eventually gave him a get-out-of-jail-free card.
Update: I just saw this one — Trump shared a “truth” post that called for military tribunals for Barack Obama. For what, exactly, it doesn’t say.
This is your monster, John Roberts. What are you willing to do to stop him?
Another Update: President Biden has been diagnosed with an aggressive prostate cancer that has spread to the bones. So now let’s everybody just shut up about his infirmities and give him some peace.
There's an important distinction to be made on deportations. The Venezaualans, including Mr. Garcia, are presumed guilty until proven dead as far as Trump is concerned and the administration insists on denying any objective proceeding on a case by case basis that would undermine the administration's power to 1) issue a verdict that will send a person to a brutal jail and 2) allow future judicial review of a supreme edict.
A big chunk of this will have the effect (if not the intent) of undermining Habeus Corpus if the administration does prevail. And the impact of suspending Habeus Corpus is potentially much more personal to the Trump resistance.
I made the comment yesterday that DOJ prosecutions are doomed to fail when there is no evidence of a crime. The accused will be out on bail in hours and the jury will aquit if the judge doesn't throw the case out first. But if Trump can block an attorney from demanding bail and release pending a trial, Trump can lock up innocent people indefinitely. Which is clearly a goal.
There's no counter to mass civil disobedience. Even if you can block Habeus Corpur you can't deal with the reality of holding ten thousand people when you do not have jail space.
What's galling about Roberts is how utterly clueless he is. He recently spoke out against justices being attacked, and said that civics education, training kids to understand how justice works is the answer. He and the Federalist Society nitwits are either playing a game wth us, or they're utterly stupid about how they created their own karma.
Chilling NYT video, free, We're Experts in Facism. We're Leaving the US.
Where MAGA says, "Military Tribunals", substitute "kangaroo courts." Trump can't get an honest conviction against his enemies in any court that resembles what the US Constitution describes, so he's trying to invent a system that allows Trump to rig the outcome.
Regarding President Biden: he's who MAGA wants to talk about, literally. I know a few MAGA kooks and whenever you start to drill down on Trump's attacks on the rule of law, Biden is always the go-to escape valve. He never attacked Democracy or the rule of law. Trump is beating the system to death, illegally, unconstitutionally.
Biden isn't the issue. I hope he survives and has a happy retirement.