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Amicus | The Rule of Law Took A Very Dark Turn This Week

Mar 22, 2025
Quinta Jurecic is a governance expert at the Brookings Institution and a senior editor at Lawfare, while Mimi Marziani is a civil rights lawyer recently challenging Elon Musk. They discuss the alarming erosion of the rule of law during the Trump administration, including constitutional crises and conflicts between the judiciary and executive. Marziani shares insights on her legal strategies targeting the implications of political decisions, emphasizing the human cost and the essential role of civic engagement in defending judicial integrity.
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ANECDOTE

Defying Court Orders

  • The Trump administration defied a court order to stop three planes carrying Venezuelan migrants to El Salvador.
  • The planes landed, the migrants were handed over to El Salvadorian President Nayib Bukele, and held in a prison.
INSIGHT

Dehumanizing Rhetoric

  • The administration's inconsistent narrative about the migrants' identities and reasons for removal dehumanizes them.
  • They are variously described as dangerous gang members, potential criminals, inherently dangerous, or just a few innocent gardeners swept up in a dragnet.
INSIGHT

Slippery Legal Arguments

  • The Trump administration uses the Alien Enemies Act to justify removing migrants.
  • Then, once over international waters, they claim broad Article II powers, making a bizarre legal argument.
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