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Ruth Marcus @ruthmarcus.bsky.social · 12d

We all knew the moment would come in the second Trump term when he got his way and used the DOJ to pursue foes. But it fees like a gut punch nonetheless.

The Flimsy, Dangerous Indictment of James Comey www.newyorker.com/news/the-led...

The Flimsy, Dangerous Indictment of James Comey

The charges against the former F.B.I. director look weak. But they may be just the start of Donald Trump’s long-threatened drive to use the Justice Department to go after his enemies.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · Aug 19

In Pam Bondi, Donald Trump finally has the attorney general he always wanted. My latest for the New Yorker, www.newyorker.com/magazine/202...

Pam Bondi’s Power Play

Donald Trump now has the Attorney General he always wanted—an ally willing to harness the law to enable his agenda.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · Jul 11

Erez Reuveni, the Justice Department whistleblower, speaks out. His words are powerful. My latest, www.newyorker.com/news/the-led...

Why a Devoted Justice Department Lawyer Became a Whistle-Blower

In the first Trump Administration, “they didn’t say ‘Fuck you’ to the courts,” Erez Reuveni said.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · May 29

The federal courts have been doing an impressive job of standing up to Trump. This includes SCOTUS, at times. But not always. See its latest gift to presidential power--conveniently ignoring a 90-year-old precedent. My latest for New Yorker
www.newyorker.com/news/the-led...

The Supreme Court Undercuts Another Check on Executive Power

In leaping to defend the Trump Administration, the Court conveniently ignored a long-established precedent that prevented Presidents from firing independent-agency heads at will.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · May 27

Annals of a judiciary losing its patience--this from the judge overseeing the case of migrants deported to dangerous third countries: "Defendants have mischaracterized this Court’s order, while at the same time manufacturing the very chaos they decry."
storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Ruth Marcus @ruthmarcus.bsky.social · May 25

Vance v. Roberts. My latest from New Yorker, about the vice president's wrongheaded claim that the federal courts are frustrating the will of the voters--and that the chief justice should intervene.

J. D. Vance Warns Courts to Get in Line

The Vice-President says it’s time for Chief Justice John Roberts to step in and make judges behave. He’s wrong.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · May 20

Fact check: No, Secretary Noem. Habeas corpus is not a constitutional right the president has to remove people from the country. It is a right the people have to combar the arbitrary use of executive power. I have a handy explanation for you here. www.newyorker.com/news/the-led...

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Ruth Marcus @ruthmarcus.bsky.social · May 19

My take on the surprising and at least somewhat cheering oral arguments in the birthright citizenship case. The skeptical reception some justices gave to SG John Sauer was, I think, evidence that the Trump administration's aggressiveness may be costing it in court. www.newyorker.com/magazine/202...

The Stakes of the Birthright-Citizenship Case

The Trump Administration is trying to use the case to stop lower-court judges from issuing “nationwide injunctions” against its unconstitutional executive orders.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · May 17

Who’s weaponizing now? Taking career prosecutors out of the equation and leaving it to Trump-installed US Attorneys is yet another dangerous move. www.washingtonpost.com/national-sec...

Trump Justice Dept. considers removing key check on lawmaker prosecutions

The Justice Department’s Public Integrity Section is charged with ensuring cases against elected officials are not politically motivated. The Trump administration is considering changing that.

www.washingtonpost.com

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Ruth Marcus @ruthmarcus.bsky.social · May 13

The right to go to court to protest unlawful detention--habeas corpus--is, SCOTUS has said, “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” Trump is "actively considering" suspending it. My latest,
www.newyorker.com/news/the-led...

The Astonishing Threat to Suspend Habeas Corpus

The Trump Administration is stepping up its war on the rule of law. Is this bluster aimed at intimidating judges, or the start of something worse?

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · May 9

law, which lets private parties sue on behalf of federal government. Barr/Luttig thought it was unconstitutional; Starr disagreed. Dick Thornburgh, then the AG, threatened to quit if Starr were tapped for SCOTUS. And this gave us David Souter, because WH was not ready with another backup.

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Ruth Marcus @ruthmarcus.bsky.social · May 9

Jan Crawford writes in her book about how Souter was chosen instead of Ken Starr, then the Solicitor General, to replace Justice Brennan. Bill Barr, then head of Office of Legal Counsel, and Michael Luttig--yes, that Judge Luttig--were upset about Starr's position on the "qui tam."

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Ruth Marcus @ruthmarcus.bsky.social · May 9

Rest in peace, Justice David Souter. He was a remarkable and welcome surprise on the bench--touted (by WHCOS John Sununu) as a "home run for conservatives," he turned out to be a solid liberal who kept the court from lurching to the right for many years. Thank you, Justice Souter.

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Ruth Marcus @ruthmarcus.bsky.social · May 6

my latest for the New Yorker, on the incredible shrinking Establishment Clause. www.newyorker.com/news/the-led...

Is This the End of the Separation of Church and State?

The Justices, who have steadily eroded prohibitions on government sponsorship of religious schools, now seem ready to end them entirely.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · Apr 25

When it figured Donald Trump was coming for it, WilmerHale had a "Better Call Paul" moment.
www.newyorker.com/news/persons...

The Conservative Lawyer Defending a Firm from Donald Trump

Paul Clement complained that Big Law was becoming “increasingly woke.” Now he’s defending one firm’s right to do just that.

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · Apr 22

Will the administration demonstrate a learning curve? It’s been pretty flat line, so far, but they are reaping the consequences.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 22

I have overestimated this Supreme Court before, and this may be another instance, but at least this instance of Trumpian insubordination appears to have been too much for the justices to stomach. Except two, of course.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 22

The Supreme Court Finally Takes on Trump www.newyorker.com/news/the-led...

The Supreme Court Finally Takes on Trump

In an overnight ruling, the Justices defended the rule of law. Will their toughness last?

www.newyorker.com

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Ruth Marcus @ruthmarcus.bsky.social · Apr 20

Also notably, the government lawyer's assertion was no flights were "then planned." In fact, he said the government reserved the right to have flights Saturday. So you have to bend over backwards, and then some, to trust administration in this situation (and others).

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Ruth Marcus @ruthmarcus.bsky.social · Apr 20

His colleagues in majority clearly did not think that assertion was trustworthy--with good reason. Notably, even Alito/Thomas stress the "Executive must proceed under the terms of our order," which requires sufficient notice and time to challenge removal. Trump administration on thin ice w/ Court.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 20

Justice Alito's dissent is out in the Alien Enemies Act deportation case, joined by Justice Thomas. His issues with the court's "unprecedented and legally questionable relief" are technical, but I am struck by his reliance on government lawyer's assertion that no flights were planned for Fri or Sat.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 19

As Judge Wilkinson reminded us in Abrego Garcia, the government should have nothing to fear from due process if it is confident in its case, here that that migrants are in fact gang members and that the Alien Enemies Act can be used against them.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 19

This extraordinary speed and apparent supermajority is the predictable and deserved result of the administration’s duplicity and defiance. The justices are signaling that they’ve had it. Will the administration get the message? Let’s hope, although past performance suggests no learning curve

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Ruth Marcus @ruthmarcus.bsky.social · Apr 19

Deporting them. The administration’s compliance was a scant paper in English, with scantier notice. The court has just stepped in, 7-2, to block any removal until further order. The two of course, are Alito and Thomas. But what a rebuke.

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Ruth Marcus @ruthmarcus.bsky.social · Apr 19

Thank God for the Supeme Court—a sentence I rarely write these days. Every day the administration’s defiance becomes more breathtaking and more blatant. Yesterday it was poised to violate a Supreme Coirt ruling that required it to provide due process to alleged Venezuelan gang members before…

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