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Threats to the Rule of Law

Under the Trump administration, attacks on the rule of law and the justice system are coming from all angles. It can feel impossible to keep track of legislation, executive orders, statements from right-wing media, and more–so let us do it for you.

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Threats By Trump & Allies
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Trump Administration

Forcing lower court judges to ask SCOTUS for permission to issue orders

After the Supreme Court cleared the way for the Trump administration to wrongfully send immigrants overseas without due process, the administration immediately went back to the Supreme Court to ask it to either remove the lower court judge from the case or to require the judge to get permission from the Supreme Court before issuing more orders in the case.

Trump Administration

Suing every district judge in Maryland to prevent them from requiring due process

The Trump administration is trying to challenge the Maryland district court’s standing order that sets forth standards for due process in certain immigration cases. The rule requires the administration to wait two days before sending people out of the country in order to allow them to file legal challenges.

Trump Administration

Failing to follow court orders: continuing DOGE freeze on federal funding

A federal judge in Rhode Island held that the Trump administration failed to comply with the “plain text” of his earlier ruling that the administration unfreeze billions of dollars in federal grants.

Trump Administration

Failing to follow court orders: barring Associated Press journalists

After the Associated Press refused to rename the Gulf of Mexico in its journalism, the Trump administration sought to deny AP access to cover the White House; a judge ordered the administration to restore AP’s access, but it failed to do so as ordered. An appeals court subsequently limited the scope of the order.

Trump Administration

Failing to follow court orders: removing migrants without due process

A federal judge ordered the Trump administration not to deport people without a hearing, and directed the administration to turn around any planes in the air at that time; later reporting suggests that the administration failed to do so.

 

Supreme Court

SCOTUS undermines the Constitution’s guarantee of due process

In allowing the Trump administration to revoke the humanitarian legal status of over half a million migrants while those revocations are challenged in court, the Supreme Court majority weakens the Constitution’s guarantee of due process of law, a right that protects all our other rights and freedoms.

Supreme Court

SCOTUS undermines the Constitution’s guarantee of equal protection of the law

In approving a Tennessee law that prohibits gender affirming care for transgender youth, the Supreme Court majority “invites legislatures to engage in discrimination by hiding blatant sex classifications in plain sight,” as Justice Sotomayor explains in dissent.

Supreme Court

SCOTUS eliminates lower courts’ ability to issue nationwide injunctions

In a shadow docket decision, the Supreme Court effectively eliminated the authority of lower federal courts to issue nationwide injunctions, allowing the Trump administration to violate the Constitution while leaving people across the country little recourse.

Right Wing Influencers

Gingrich says Congress should “abolish” judges who rule against Trump

In a television appearance, Newt Gingrich claims judges who rule against Trump are engaged in “judicial tyranny” and says that Congress should not impeach them, but rather simply eliminate their judgeship.

Right Wing Influencers

Musk utilizes his social media platform to attack judge who ruled on USAID

In a series of tweets, Elon Musk called rulings against DOGE’s actions a “judicial coup,” asked Congress to impeach the judge, and offered to pay followers to sign a petition opposing “activist” judges.

Latest News

Link to NY Times: Emil Bove Continued to Work at Justice Dept. After Judicial Confirmation

NY Times: Emil Bove Continued to Work at Justice Dept. After Judicial Confirmation

Link to NY Times: Unnoticed Whistle-Blower Document Alarms Justice Department Veterans

NY Times: Unnoticed Whistle-Blower Document Alarms Justice Department Veterans

Link to Huff Post: Senate Confirms Emil Bove, Trump's ‘Enforcer,’ To A Lifetime Federal Judgeship

Huff Post: Senate Confirms Emil Bove, Trump's ‘Enforcer,’ To A Lifetime Federal Judgeship

Link to AP: Senate confirms Trump lawyer Emil Bove for appeals court, pushing past whistleblower claims

AP: Senate confirms Trump lawyer Emil Bove for appeals court, pushing past whistleblower claims

Link to Slate: Trump’s DOJ Launches Its Most Innovative and Menacing Assault on the Court System Yet

Slate: Trump’s DOJ Launches Its Most Innovative and Menacing Assault on the Court System Yet

Link to NPR: How Trump is picking his political battles as he tests the judicial branch

NPR: How Trump is picking his political battles as he tests the judicial branch

Link to The Guardian: Demand Justice launches ad campaign to highlight Trump's attacks on the rule of law

The Guardian: Demand Justice launches ad campaign to highlight Trump's attacks on the rule of…

Link to Newsweek: Trump's Attack on Our Courts Threatens Every American | Opinion

Newsweek: Trump's Attack on Our Courts Threatens Every American | Opinion

Link to The Hill: Trump’s attacks on the rule of law threaten all Americans 

The Hill: Trump’s attacks on the rule of law threaten all Americans 

Link to The Hill: Poll shows Trump’s clash with courts puts Senate GOP on defense

The Hill: Poll shows Trump’s clash with courts puts Senate GOP on defense

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