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Courts Put Trump in Check (with Trevor Morrison)
May 7, 2025
Join Trevor Morrison, Dean Emeritus of NYU Law School and expert in constitutional law, as he discusses the limits of executive power. Trevor and Preet delve into the Trump administration's resistance to court orders regarding wrongful deportations. They explore a judge's decision against an executive order targeting a law firm, and a ruling deeming the use of the Alien Enemies Act for deportations as unlawful. This conversation emphasizes the ongoing battle between judicial authority and presidential overreach.
12:03
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Quick takeaways
- The judiciary plays a crucial role in limiting executive power by enforcing legal processes in immigration cases, as seen with Garcia's wrongful deportation.
- The philosophical justification of bypassing laws by presidents, under the guise of greater good, poses risks to democratic integrity and accountability.
Deep dives
Judicial Responses to Immigration Actions
A recent ruling declared the Trump administration's attempt to deport individuals under the Alien Enemies Act unlawful. This highlights the judiciary's role in checking the executive branch's power, particularly when it comes to immigration cases. In the case of Kilmar Abrego Garcia, the courts mandated that the administration should take actionable steps to facilitate his return following an erroneous deportation order. There is notable tension between the executive’s reluctance to comply and the judiciary's insistence on adherence to legal processes.
