Immigration and the Judiciary: A Tense Intersection

Ruth Marcus resigned from the Washington Post after its C.E.O. killed an editorial she wrote that was critical of the paper's owner, Jeff Bezos. She ended up publishing the column in The New Yorker, and soon after she published another piece for the magazine asking "Has Trump's Legal Strategy Backfired?" "Trump's legal strategy has been backfiring, I think, demonstrably in the lower courts," she tells David Remnick, on issues such as undoing birthright citizenship and deporting people without due process. Federal judges have rebuked the Administration's lawyers, and ordered deportees returned to the United States. But "we have this thing called the Supreme Court, which is, in fact, supreme," Marcus says. "I thought the Supreme Court was going to send a message to the Trump Administration: 'Back off, guys.' . . . That's not what's happened." In recent days, that Court has issued a number of rulings that, while narrow, suggest a more deferential approach toward Presidential power. Marcus and Remnick spoke last week about where the Supreme Court—with its six-Justice conservative majority—may yield to Trump's extraordinary exertions of power, and where it may attempt to check his authority. "When you have a six-Justice conservative majority," she notes, there is"a justice to spare."