SCOTUS

Heather Cox Richardson | Letters from an American

April 18, 2025

Today, Senator Chris Van Hollen (D-MD) posted a picture of himself with Kilmar Abrego Garcia, the Maryland man whom the Trump administration says it sent to the notorious CECOT prison in El Salvador through “administrative error” but can’t get back, and wrote: “I said my main goal of this trip was to meet with Kilmar. Tonight I had that chance. I have called his wife, Jennifer, to pass along his message of love. I look forward to providing a full update upon my return.”

While the president of El Salvador, Nayib Bukele, apparently tried to stage a photo that would make it look as if the two men were enjoying a cocktail together, it seems clear that backing down and giving Senator Van Hollen access to Abrego Garcia is a significant shift from Bukele’s previous scorn for those trying to address the crisis of a man legally in the U.S. having been sent to prison in El Salvador without due process.

Bukele might be reassessing the distribution of power in the U.S.

According to Robert Jimison of the New York Times, who traveled to El Salvador with Senator Van Hollen, when a reporter asked President Donald Trump if he would move to return Abrego Garcia to the United States, Trump answered: “Well, I’m not involved. You’ll have to speak to the lawyers, the [Department of Justice].”

Today a federal appeals court rejected the Trump administration’s attempt to stop Judge Paula Xinis’s order that it “take all available steps” to bring Abrego Garcia back to the U.S. “as soon as possible.” Conservative Judge J. Harvie Wilkinson, who was appointed by President Ronald Reagan, wrote the order. Notably, it began with a compliment to Judge Xinis. “[W]e shall not micromanage the efforts of a fine district judge attempting to implement the Supreme Court’s recent decision,” he wrote.

Then Wilkinson turned his focus on the Trump administration. “It is difficult in some cases to get to the very heart of the matter,” he wrote. “But in this case, it is not hard at all. The government is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”

“The government asserts that Abrego Garcia is a terrorist and a member of MS-13. Perhaps, but perhaps not. Regardless, he is still entitled to due process.” The court noted that if the government is so sure of its position, then it should be confident in presenting its facts to a court of law.

Echoing the liberal justices on the Supreme Court, Wilkinson wrote: “If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home?” He noted the reports that the administration is talking about doing just that.

“And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present,” he wrote, “and the Executive’s obligation to ‘take Care that the Laws be faithfully executed’ would lose its meaning.”

After Federal Reserve chair Jerome Powell’s warning yesterday that Trump’s tariffs will have “significantly larger than anticipated…economic effects, which will include higher inflation and slower growth,” and his statement that the Fed would not cut interest rates immediately as it assesses the situation, Trump today began attacking Powell. Trump wrote on his social media site that Powell is “always TOO LATE AND WRONG.” His missive concluded: “Powell’s termination cannot come fast enough!”

Firing Powell would inject yet more chaos into the economy, and the White House told reporters that Trump’s post “should not be seen as a threat to fire Powell.” Hedge fund founder Spencer Hakimian posted: “Cleanup of orange vomit on Aisle 3.”

There seems to be a change in the air.

Three days ago, on April 14, Michelle Goldberg of the New York Times wrote that the vibe is shifting against the right. Yesterday, former neocon and now fervent Trump critic and editor of The Bulwark Bill Kristol posted a photo of plainclothes Immigration and Customs Enforcement (ICE) Officers kidnapping Tufts University graduate student Rümeysa Öztürk, and commented: “Where does the ‘Abolish ICE’ movement go to get its apology.”

Today, in the New York Times, conservative David Brooks called for all those resisting what he called “a multifront assault to make the earth a playground for ruthless men” to work together. He called for a “comprehensive national civic uprising” that would first stop Trump and then create “a long-term vision of a fairer society that is not just hard on Trump, but hard on the causes of Trumpism—one that offers a positive vision.”

Brooks is hardly the first to suggest that “this is what America needs right now.” But a conservative like Brooks not only arguing that “Trump is shackling the greatest institutions in American life,” but then quoting Karl Marx’s Communist Manifesto to call for resistance to those shackles—“We have nothing to lose but our chains”—signals that a shift is underway.

That shift has apparently swept in New York Times columnist Bret Stephens, who is generally a good barometer of the way today’s non-MAGA Republicans are thinking. In an interview today, he said: “[M]y feelings about not only Trump, but the administration, are falling like a boulder going into the Mariana Trench. So the memory of things that this administration has done, of which I approve, is drowning in the number of things that are, in my view, reckless, stupid, awful, un-American, hateful and bad—not just for the country, but also for the conservative movement.”

Stephens identified Trump and Vice President J.D. Vance’s bullying of Ukraine president Volodymyr Zelensky in the Oval Office as the event that turned him away from Trump. “America should never treat an ally that way, certainly not one who is bravely fighting a common enemy,” he said. Stephens also noted the meeting had “delighted” Russia’s president Vladimir Putin, who is now “emboldened…to press the war harder.”

We have been in a similar moment of shifting coalitions before.

In the 1850s, elite southern enslavers organized to take over the government and create an oligarchy that would make enslavement national. Northerners hadn’t been paying a great deal of attention to southern leaders’ slow accumulation of power and were shocked when Congress bowed to them and in 1854 passed a law that overturned the Missouri Compromise that had kept slavery out of the West. The establishment of slavery in the West would mean new slave states there would work with the southern slave states to outvote the North in Congress, and it would only be a question of time until they made slavery national. Soon, the Slave Power would own the country.

Northerners of all parties who disagreed with each other over issues of immigration, finance, and internal improvements—and even over the institution of slavery—came together to stand against the end of American democracy.

Four years later, in 1858, Democrat Stephen Douglas complained that those coming together to oppose the Democrats were a ragtag coalition whose members didn’t agree on much at all. Abraham Lincoln, who by then was speaking for the new party coalescing around that coalition, replied that Douglas “should remember that he took us by surprise—astounded us—by this measure. We were thunderstruck and stunned; and we reeled and fell in utter confusion. But we rose each fighting, grasping whatever he could first reach—a scythe—a pitchfork—a chopping axe, or a butcher’s cleaver. We struck in the direction of the sound; and we are rapidly closing in upon him. He must not think to divert us from our purpose, by showing us that our drill, our dress, and our weapons, are not entirely perfect and uniform. When the storm shall be past, he shall find us still Americans; no less devoted to the continued Union and prosperity of the country than heretofore.”

Heather Cox Richardson | Letters from an American

April 15, 2025

A large crowd of protesters calling for the return of Kilmar Abrego Garcia, the Maryland man the Trump administration sent to a notorious terrorist prison in El Salvador, milled around the courthouse this afternoon where U.S. District Judge Paula Xinis held a hearing on the case.

Anna Bower, Roger Parloff, and Ben Wittes of Lawfare watched the hearing and explained that Judge Xinis is now building the evidence to determine whether individuals in the administration have acted in contempt of court. The court ordered the administration to facilitate Abrego Garcia’s return to the U.S., as well as to give updates on what they are doing to make that return happen. To date, Judge Xinis said, “what the record shows is nothing has been done.” She dismissed the administration lawyer’s argument that yesterday’s Oval Office meeting between President Donald Trump and president of El Salvador Nayib Bukele was part of the effort to “facilitate” the case.

As Bower said, we all know what’s going on, but it’s impossible right now to know which individual is responsible for the stonewalling. For that matter, Bower added, those speaking for the administration usually deny personal knowledge of the case, simply saying they have been made aware of the facts they are representing. Judge Xinis called for two weeks of fact finding to determine if the Trump regime is following her orders that it facilitate his return. The judge told Abrego Garcia’s lawyers that they may conduct four depositions and apply for two more, make up to 15 document requests, and up to 15 interrogatories (these are lists of written questions that must be answered under oath and in writing).

Xinis noted that “every day Mr. Garcia is detained in CECOT is a day of irreparable harm.”

Bower added that the Trump regime is likely drawing this out in part because it permits them to showcase the one part of their agenda that is still polling well. The staged meeting with Bukele enabled officials to get widespread media coverage for the straight-up lie that Abrego Garcia has been found to be a member of the MS-13 gang. As Greg Sargent reported today in the New Republic, this story came from a police officer who, just weeks later, was suspended for “providing information to a commercial sex worker who he was paying in exchange for sexual acts.”

The Oval Office event also enabled White House deputy chief of staff Stephen Miller both to lie that the Supreme Court’s unanimous decision against the administration was actually in favor of it, and to rerun the litany of heinous crimes he associates with immigrants. The attention to the case has also gotten Miller airtime on news shows, where he repeats those lies.

The administration needs the immigration issue to play to its base, but it’s actually not clear that Americans like Miller’s approach to immigrants. Data journalist G. Elliott Morris noted today in Strength in Numbers that while polls say Americans generally like Trump’s approach to immigration—a recent Reuters/Ipsos poll said 49% were in favor—they hate the specifics.

The same Reuters/Ipsos poll says that 82% of Americans, including 68% of Republicans, think “the president should obey federal court rulings even if he disagrees with them.” Only 40% think he “should keep deporting people despite a court order to stop,” although 76% of Republicans think he should violate a court order.

The questions specifically about immigration are even starker. Trump promised during the campaign that he would deport undocumented immigrants who have committed violent crimes, and people like that plan by an 81-point margin. But according to Morris’s crunching of polls on the subject, U.S. adults oppose deporting undocumented immigrants who have lived more than 10 years in the U.S. by a 37-point margin. They oppose deporting undocumented immigrants who are parents of U.S. citizens by a 36-point margin. By an 18-point margin, they oppose deporting undocumented immigrants who have broken no laws in the U.S. other than immigration laws.

The more visible Abrego Garcia’s case becomes, coupled as it is with the idea that it is a precursor to sending U.S. citizens to CECOT, the less likely it is to be popular. Senator Chuck Grassley (R-IA) got an earful from his constituents on the topic. “Are you going to bring that guy back from El Salvador?” one man asked, to applause and calls of “Yeah!” from around the room. When Grassley said no, because that wasn’t a power of Congress, the man replied: “The Supreme Court said to bring him back!” and others chimed in, “They’re defying the Constitution.” “Trump don’t care,” the first man said. “If I get an order to pay a ticket for $1,200 and I just say no, does that stand up? Because he’s got an order from the Supreme Court, and he just said no! He just said ‘Screw it!’” “It’s wrong,” someone in the crowd said. The first man concluded: “I’m pissed.”

This evening, Senator Chris Van Hollen (D-MD) noted that “[f]ollowing his abduction and unlawful deportation, U.S. federal courts have ordered the safe return of my constituent Kilmar Abrego Garcia to the United States. It should be a priority of the U.S. government to secure his safe release, which is why tomorrow I am traveling to El Salvador…to visit Kilmar and check on his wellbeing and to hold constructive conversations with government officials around his release. We must urgently continue working to return Kilmar safely home to Maryland.”

Trump’s losing ground on his other major selling point in the 2024 election: that he would improve the economy. He promised to bring prices down “on Day One,” but backed off on that almost immediately. Then an utterly chaotic trade war, tariffs on and off and on again, and a dramatic drop in the bond market as well as the stock market suggesting that the U.S. is losing its status as a safe haven made April an economic disaster. JPMorgan said this week that Trump’s tariffs mean that he is “on track to deliver one of the largest US tax hikes on record,” taxes that will fall on poorer Americans rather than the wealthy and corporations.

Under Biden, Vietnam and the U.S. had strengthened economic ties, but yesterday, China and Vietnam signed dozens of cooperation agreements to combat disruptions caused by Trump’s trade war. Today, Chinese officials stopped accepting Boeing jets or U.S. airline parts. China has also stopped accepting U.S. beef, turning instead to Australia. U.S. beef exports to China have been worth $2.5 billion annually. Last Thursday, Gustaf Kilander of The Independent reported that “fund managers quietly fear Trump doesn’t have a tariff plan and that he ‘might be insane.’”

Meetings in Washington this week did little to calm the situation. Jordan Erb of Bloomberg reported that Maros Sefcovic, the trade chief for the European Union, left yesterday’s trade meeting in Washington unclear about what the U.S. even wants. Erb notes: “The uncertainty around Trump’s chaotic tactics, replete with delays, retreats, new threats and sudden exceptions and trial balloons, hasn’t helped.”

Trump also promised he would end Russia’s war on Ukraine immediately. But it has become obvious that Russia’s president Vladimir Putin is using Trump’s desperation to deliver a peace deal to strike harder at Ukraine. Just after a visit to Moscow by U.S. special envoy Steve Witkoff last week, the Russians struck the Ukrainian city of Sumy during Palm Sunday celebrations, killing at least 35 people and injuring another 119, including children. European leaders called the attack a war crime, Trump said it was likely a “mistake.”

After Ukraine president Volodymyr Zelensky said in a 60 Minutes interview on Sunday night that U.S. officials are echoing Russian disinformation, Trump called for CBS, the channel on which 60 Minutes appears, to lose its license.

Bloomberg reports that the U.S. refused to support a statement by the Group of Seven (G7), an informal group of seven of the countries with the world’s most advanced economies, condemning the Sumy attack. The U.S. said it wouldn’t condemn the mass killing of civilians because it is “working to preserve the space to negotiate peace.”

One of Trump’s key attacks on the Biden administration before the election was his lie that it had shortchanged the North Carolina victims of the devastating Hurricane Helene by sending money for the Federal Emergency Management Agency (FEMA) to undocumented immigrants, likely to buy their votes (it is illegal for noncitizens to vote in federal elections). In fact, the Biden administration and FEMA had been in the state since the start and approved FEMA’s reimbursement for 100% of disaster relief, particularly emergency protective services and the removal of debris, renewable after six months.

Trump won North Carolina by more than 3 points, but on Saturday the Trump administration denied North Carolina’s application for that extension. “The need in western North Carolina remains immense—people need debris removed, homes rebuilt, and roads restored,” North Carolina governor Josh Stein said. “I am extremely disappointed and urge the President to reconsider FEMA’s bad decision, even for 90 days. Six months later, the people of western North Carolina are working hard to get back on their feet; they need FEMA to help them get the job done.”

Trump’s approval ratings are dropping steadily, with even Republican pollsters showing him “underwater,” meaning that more people disapprove of his presidency than approve of it.

Part of Trump’s fight with the Supreme Court is an attempt to demonstrate dominance as his numbers drop, but institutions, as well as the courts, are standing up to him. With Trump having won concessions from Columbia University and then announced those concessions were only the beginning of his demands, other universities are banding together to defend education, academic freedom, and freedom of speech.

On Monday, Harvard University took a stand against the administration’s demand to regulate the “intellectual and civil rights conditions” at Harvard, including its governance, admissions, programs, and extracurricular activities, in exchange for the continuation of $2.2 billion in multiyear grants and a $60 million contract. Harvard is the country’s oldest university, founded in 1636, and in 2024 had an endowment of more than $53 billion.

In a letter noting that the administration’s demands undercut the First Amendment and the university’s legal rights, Harvard’s lawyers wrote: “The university will not surrender its independence or relinquish its constitutional rights. Neither Harvard nor any other private university can allow itself to be taken over by the federal government. Accordingly, Harvard will not accept the government’s terms as an agreement in principle…. Harvard is not prepared to agree to demands that go beyond the lawful authority of this or any administration.”

But Harvard didn’t stop there. It turned its website into a defense of the medical research funded by the federal grants Trump is threatening to withhold. It explains the advances Harvard researchers have made in cancer research, heart disease, neurodegenerative diseases, obesity and diabetes, infectious diseases, and organs and transplantation. It highlights the researchers, shows labs, and presents readable essays on different scientific breakthroughs.

As the administration slashes through the government with charges of “waste, fraud, and abuse,” Harvard’s president Alan Garber has made a stand on what he calls “the promise of higher education.”

“Freedom of thought and inquiry, along with the government’s longstanding commitment to respect and protect it, has enabled universities to contribute in vital ways to a free society and to healthier, more prosperous lives for people everywhere,” he wrote. “All of us share a stake in safeguarding that freedom. We proceed now, as always, with the conviction that the fearless and unfettered pursuit of truth liberates humanity—and with faith in the enduring promise that America’s colleges and universities hold for our country and our world.”