Ruth Marcus, a columnist for The New Yorker and author of *Supreme Ambition*, dives deep into the turbulent relationship between Trump and the judiciary. She discusses how Trump's legal strategies seem to be backfiring in lower courts while the Supreme Court exhibits surprising deference to presidential power. Marcus highlights crucial immigration cases and the implications of recent rulings, questioning the Court's checks on Trump. With a conservative majority, she explores what this may mean for the balance of power moving forward.
The podcast emphasizes that Trump's legal strategy facing rebuke in lower courts highlights the tension between presidential power and judiciary respect.
The discussion reveals uncertainty about the Supreme Court's future rulings and its potential deference to Trump's executive decisions amidst ongoing legal battles.
Deep dives
Limits of Presidential Power
The discussion centers around the contentious actions of the Trump administration, particularly in relation to deportation policies and the legal challenges they face. Questions arise regarding the limits of presidential power, specifically whether Trump can act unilaterally without respecting judicial authority. While some argue that Trump is testing the boundaries of his presidential powers, the podcast highlights the increasing number of lawsuits that challenge this authority, often resulting in rulings against his administration from courts appointed by both Republican and Democratic presidents. The ongoing legal battles reflect a deeper constitutional dilemma about the role and respect of the judiciary in the face of executive actions.
Judicial Responses to Executive Actions
The impact of judicial decisions on Trump's legal strategies is scrutinized, revealing an apparent backfire in lower courts. The legal arguments presented by Trump's administration are critiqued for their lack of substantiation, especially when faced with judges who are not sympathetic to their claims. Notable cases include the challenge against executive orders related to birthright citizenship, which have been ruled unconstitutional by various courts. As the Supreme Court becomes the final arbiter in these matters, the podcast discusses the unpredictable nature of upcoming rulings and whether the Trump administration will respect their decisions.
Constitutional Crisis and Legal Recourse
The podcast discusses the notion of a constitutional crisis stemming from Trump's combative relationship with the judiciary. While some administration officials perceive the multitude of lawsuits as an infringement on presidential power, the conversation emphasizes that a functioning judicial system is vital and not indicative of crisis. Cases involving immigrant deportations are particularly highlighted, revealing the precarious position of those affected and the fears surrounding due process. This situation raises essential questions about who has recourse in the face of executive overreach and whether the courts can protect the rights of individuals against state actions.
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."