The New Yorker Radio Hour

Your Questions Answered: Trump vs. the Rule of Law

10 snips
Aug 8, 2025
Ruth Marcus, a legal analyst for The New Yorker, and Jeannie Suk Gersen, a Harvard constitutional law professor, dive into the legal chaos during the Trump era. They tackle controversial topics like birthright citizenship and ICE practices, debating the implications of recent rulings. Listeners’ questions reveal the unprecedented nature of these legal challenges, prompting a discussion about the evolving relationship between the courts and the executive branch. They emphasize the importance of understanding these dynamics in today’s political climate.
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INSIGHT

Warrants Aren't Always Required

  • Police and ICE can act on probable cause without a judicial warrant.
  • Courts still hear challenges, but those protections may be weak in practice.
INSIGHT

Masked ICE Agents And Federal Supremacy

  • There is no clear federal ban on ICE agents masking or hiding identities during raids.
  • If cities try to ban it they'll clash with federal supremacy and face legal fights.
INSIGHT

Limits To Denaturalization

  • The government can denaturalize naturalized citizens who obtained status by fraud.
  • There is no legal mechanism to strip natural-born citizenship by executive fiat.
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