“The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.”
…
“On Monday, Trump’s border czar, Tom Homan, said the flights were already in international airspace when the judge’s orders came and that more flights would continue.
“Once you’re outside the border, you know, it is what it is. But they’re in international waters, already on the way south, close to landing. You know what? … We did what we had to do,” he told Fox News’ “Fox & Friends” program.
Asked what was next, Homan said: “Another flight, another flight every day.”
“We’re not stopping. I don’t care what the judges think,” he added.”
“The idea that one type of lawyer can meet all legal needs is as outdated now as it was in 1935. Law schools and the legal academy must adjust accordingly.”
“In the states’ case, filed in Baltimore’s federal court, the attorneys general argued that the administration had violated a 6-day notice requirement for so-called reductions in force – or RIFS – as well as other procedural steps for such mass terminations. The administration countered that no such notice was required for the layoffs, done quickly in early days of the administration, because federal law allows the government to terminate probationary employees under certain circumstances without any heads up.
Bredar on Thursday rejected the administration’s arguments that the terminations fit into a category not requiring notice because the employees were fired because of their substandard performance.
“Here, the terminated probationary employees were plainly not terminated for cause,” Bredar wrote in a 56-page opinion. “The sheer number of employees that were terminated in a matter of days belies any argument that these terminations were due to the employees’ individual unsatisfactory performance or conduct.””
…
“The upshot of Bredar’s ruling, as he acknowledged at a hearing Tuesday, is that the administration would be allowed to lay off the employees en masse if it went through the proper RIF procedures, including the advance notice. His ruling also noted the administration is free to fire individualized employees without following the RIF rules if they are being fired for cause, “on the basis of good-faith individualized determinations.””
…
“The Trump administration has been targeting probationary workers because they have fewer job protections and can be dismissed more easily. Federal probationary employees have typically been in their positions for one year, but some jobs have two-year probationary periods. The employees may be new to the federal workforce, but they also could have been recently promoted or shifted to a different agency.”
“A federal judge has ruled that Elon Musk’s Department of Government Efficiency is wielding so much power that its records will likely have to be opened to the public under federal law.
U.S. District Judge Christopher Cooper said the vast and “unprecedented” authority of DOGE, formally known as the U.S. Digital Service, combined with its “unusual secrecy” warrant the urgent release of its internal documents under the Freedom of Information Act.
“The authority exercised by USDS across the federal government and the dramatic cuts it has apparently made with no congressional input appear to be unprecedented,” Cooper wrote in a 37-page opinion.”
“President Donald Trump retaliated Tuesday against a Washington law firm that provided free legal services to special counsel Jack Smith, the federal prosecutor who brought two criminal cases against Trump that were dropped after he won last November’s election.
During an Oval Office photo opportunity devoted to a series of executive actions, Trump signed a memorandum suspending the security clearances of lawyers and other personnel at Covington & Burling involved in representing Smith before he resigned from the Justice Department last month.
Trump’s directive also calls for ending all contracts Covington has with the federal government, although a federal spending database doesn’t show any government contracts with the firm.”
…
“The directive Trump signed Tuesday is just his latest attempt to use his return to the power of the presidency to punish his perceived enemies. He has rescinded security clearances for former intelligence community officials who signed a letter raising concerns — that ultimately turned out to be false — that Hunter Biden’s hard drive bore the hallmarks of a foreign influence operation. Trump also pulled the clearance for attorney Mark Zaid, a prominent whistleblower attorney who represented the intelligence official who helped trigger Trump’s 2020 impeachment. Trump has also pulled security details for figures who have criticized and publicly opposed him.”
“When Trump imposed tariffs during his first term, he cited authority under other laws, like the Trade Act of 1974 and the Trade Expansion Act of 1962. At one point he threatened to invoke the IEEPA to impose tariffs on Mexican goods, but he never followed through, perhaps amid concern it would have been seen as legally dubious.
That’s because the IEEPA is typically used to impose sanctions — not tariffs — on other countries.
But Trump’s decision to use the IEEPA this time, when he’s aggressively flexing his executive authority, may be no accident: Unlike other trade laws, the IEEPA has the fewest procedural requirements and safeguards.
It gives the president the power to regulate or prohibit a broad swath of economic activity in order “to deal with any unusual and extraordinary threat” that is based largely outside the United States and concerns “the national security, foreign policy, or economy of the United States.” In the executive orders that announced the tariffs on Canada, Mexico and China, Trump invoked the opioid crisis, as well as illegal immigration from Canada and Mexico.”
…
“No president has ever used the IEEPA to impose tariffs before. In fact, the IEEPA was passed as part of a broader effort by Congress in the 1970s to limit the president’s ability to exercise emergency economic powers. The framework ultimately created, however, completely fails to rein in the president, according to Timothy Meyer, a law professor and expert on international trade law. And Trump is taking advantage of that failure by pushing beyond what the Constitution intended.
“This strikes me as unconstitutional,” Meyer told me. “It’s very difficult to see how the framers would’ve thought that it was constitutional for the president to simply have the power on the drop of a hat to impose an across-the-board 25 percent tariff on our major trading partners.”
The Constitution gives Congress the authority to “lay and collect Taxes, Duties, Imposts and Excises.” Between Trump’s tariffs and his unilateral effort to halt federal spending, he has now effectively claimed that he has both taxing and spending authority — a government all his own. Congress barely even needs to exist in this framework.”
“Vance’s most comprehensive statement of this radical position came in an interview I conducted with him in January 2023 for a profile in POLITICO Magazine. During the interview, I referred to comments that he had made on a conservative podcast in 2021 suggesting that Trump, if reelected, should “fire every single midlevel bureaucrat, [and] every civil servant in the administrative state … and when the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’”
I asked Vance if this was still his view.
“Yup,” he responded.”
…
“Vance’s rhetorical quibbling aside, his suggestion is radical. The course of action he is recommending — the president openly defying a Supreme Court order and then challenging the courts to enforce it — would amount to a full-fledged constitutional crisis of a different sort, one that would entirely upend the existing rules governing the separation of powers between the courts and the executive branch.”
“Still, only the most naive legal analyst would conclude right now that the US constitutional system will survive Trump’s second term intact, or that the courts have definitively ruled that Trump’s agenda is in jeopardy. It is certainly possible that, when all of this litigation is over, Trump will face loss after unambiguous loss and be forced to give up many of his attempts to defy the Constitution. But it is far too soon to predict how all of these lawsuits will play out — or even if Trump will comply with any court orders against him.
To date, no appellate court — the mid-tier courts in the federal system — has weighed in on any of these cases, not to mention the Supreme Court. Similarly, while some federal trial courts have ordered Trump to stop some of his illegal actions, many of these decisions are temporary stopgap orders that expire quickly, and that are intended largely to maintain the status quo while the judges hearing these cases get up to speed on the legal issues that they present.
It’s a lot to keep track of. And, in many of these cases, there are likely to be months or even years more litigation before the legal issues presented by these cases are fully resolved.
It’s also worth noting that, as these cases make their way through the federal appellate process, they are more and more likely to be heard by judges who tend to be sympathetic to Trump — including a Supreme Court that has held that Trump may use the powers of the presidency to commit crimes.”
“The question of whether a single federal trial judge should have the power to halt a federal law or policy throughout the entire country is hotly contested. As Justice Neil Gorsuch wrote in a 2020 opinion arguing against nationwide injunctions, “there are currently more than 1,000 active and senior district court judges, sitting across 94 judicial districts, and subject to review in 12 regional courts of appeal.” If nationwide injunctions are allowed, any one of these district judges could potentially halt any federal law, even if every other judge in the country disagrees with them.
The problem is particularly acute in Texas’s federal courts (Mazzant sits in the United States District Court for the Eastern District of Texas), where local rules often allow plaintiffs to choose which judge will hear their case. During the Biden administration, Republicans often selected highly partisan judges to hear challenges to liberal federal policies — and those judges frequently rewarded this behavior by issuing nationwide injunctions.
Such injunctions can potentially be lifted by a higher court, but the process of seeking relief from such a court can take weeks or even months — and that’s assuming that the appeals court is inclined to follow the law. Federal cases out of Texas, for example, appeal to the US Court of Appeals for the Fifth Circuit, which is dominated by far-right judges who frequently defy Supreme Court precedents that are out of favor with the Republican Party.
Moreover, while some Republican judges such as Gorsuch expressed doubts about these nationwide injunctions, the GOP-controlled Supreme Court frequently let such injunctions against the Biden administration remain in effect for many months — even if a majority of the justices eventually concluded that the policies at issue in those cases, which often involved disputes over immigration policy, were legal. So the Court apparently did not view ending the practice of nationwide injunctions as a high priority so long as those injunctions thwarted Democratic policies.”