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Hello and happy Saturday. President Donald Trump’s reliance on executive power—not only to implement his policy agenda but also to pursue action against law firms with ties to lawyers who investigated or prosecuted him—has prompted scores of legal challenges in the early months of his second term.
This week, the Trump administration suffered legal setbacks on numerous fronts. On Tuesday, a federal judge struck down the president’s executive order targeting WilmerHale, a law firm affiliated with Robert Mueller, the former special counsel who investigated whether Russia interfered in the 2016 presidential election.
On Wednesday and Thursday, respectively, the U.S. Court of International Trade and the U.S. District Court for Washington, D.C., issued orders freezing Trump’s “Liberation Day” tariffs. While a federal appeals court issued a stay of Wednesday’s ruling allowing the tariffs to continue while the legal challenge plays out, Trump’s trade war faces an uncertain future.
Also on Thursday, U.S. District Judge Allison D. Burroughs extended a temporary restraining order she had issued blocking the administration’s effort to prevent Harvard from enrolling international students.
For the site, Gil Guerra detailed Trump’s previous actions against Harvard to put the latest legal skirmish into context, explaining that “without [Student and Exchange Visitor Program] certification, Harvard cannot issue the I-20 forms required for F-1 student visas or the DS-2019 forms for J-1 exchange visitors. Current students would need to transfer to another SEVP-certified school, switch to a different visa, or leave the United States.”
The administration did get one significant legal victory this week, albeit a temporary one. The Supreme Court ruled that the administration could revoke a Biden-era program that provided temporary legal status to migrants from countries facing war or other turmoil. The ruling means that more than 500,000 people from Cuba, Haiti, Venezuela, and Nicaragua could face deportation while challenges to Trump’s revocation play out in court.
Trump, was, perhaps unsurprisingly, outspoken about his displeasure with the rulings against him. But he directed his ire not at specific judges but toward Leonard Leo, who as executive vice president of the conservative Federalist Society during the president’s first term advised the president on judicial nominees. The president called Leo a “sleazebag” and said he “probably hates America.” In Boiling Frogs, Nick Catoggio explained Trump’s ire. “Leo spent many years as the Federalist Society’s sherpa on judicial nominees. … With the exception of Mitch McConnell, no one has done more this century to build a federal bench of originalist judges. But Trump didn’t want originalists—he wanted flunkies—and so Leo’s influence, and the influence of the organization he serves, have gone up in smoke.”
In the Friday G-File, Jonah wrote that Trump’s legal losses can be explained by the fact that his justifications for his policies “are just BS.”
He invokes the Alien Enemies Act, which grants certain powers to the president during a war or invasion, when we’re not at war and not being invaded. … On trade, it’s the same thing. He invokes emergency powers to impose taxes on the American people when the “emergency” he has in mind is that the American economy isn’t structured the way he wants. That’s not an emergency. That’s the modern economy, which he fundamentally doesn’t understand. On trade, it’s the same thing. He invokes emergency powers to impose taxes on the American people when the “emergency” he has in mind is that the American economy isn’t structured the way he wants. That’s not an emergency. That’s the modern economy, which he fundamentally doesn’t understand.
Elsewhere on the site, David M. Drucker spoke with Pennsylvania Gov. Josh Shapiro about his political future and the 2028 election, economist Jessica Riedl argued that farmers don’t deserve bailouts in response to Trump’s tariffs, and Yale professor Evan D. Morris wrote about how scientists can regain the trust of the public. Thanks for reading!