Trump's Legal Landscape: Tensions and Implications

Big news: A federal judge just ruled that President Donald Trump’s renditions under the 1798 Alien Enemies Act are illegal. It’s a crucial moment in the battle against Trump’s lawlessness. Meanwhile, Stephen Miller ranted wildly at the media for daring to ask hard questions about the wrongfully-deported Kilmar Abrego Garcia, falsely stating as fact that he’s an “MS-13 terrorist” and raging at the very idea that migrants he labels “terrorists” should get due process. It’s a clear sign of Miller’s certainty that he can label anyone a “terrorist” by fiat and that the administration can get away with literally anything. We talked to the great legal commentator Leah Litman, author of Lawless, a new book about the Supreme Court. She explains why the ruling suggests the courts may not give Trump the deference he’d hoped for as commander in chief to reinvent reality to carry out his illegal renditions—and why Miller’s project may be in the process of seriously overreaching.

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