“143. The State of Play in the Abrego Garcia Case: The Trump administration isn’t defying the letter of Thursday’s Supreme Court ruling; But it’s daring the federal courts to take much more aggressive steps to block its immigration policies.” Steve Vladeck has this post at his “One First” Substack site.
“In Showdowns With the Courts, Trump Is Increasingly Combative; Scholars say that the Trump administration is now flirting with lawless defiance of court orders, a path with an uncertain end”: Adam Liptak of The New York Times has this news analysis.
“The constitutional crisis is here, legal experts say; Court watchers say President Trump has careened the country in a dangerous direction by ignoring orders to help return a Maryland father locked up in El Salvador”: Kelsey Reichmann of Courthouse News Service has this report.
“Abrego Garcia and MS-13: What Do We Know? The allegation seems to stem from double hearsay in a document authored by a later suspended police detective.” Roger Parloff has this post at the “Lawfare” blog.
“Law Firms’ Quid Pro Quo Pro Bono Work on Tariffs Is Unethical”: Law professor Atinuke Adediran has this essay online at Bloomberg Law.
“2025 Klinsky Lecture | Elizabeth Prelogar on Representing the United States in the Supreme Court”: Harvard Law School has posted this video on YouTube.
“White House Eyes Supreme Court in Associated Press Case”: Zoe Tillman of Bloomberg News has this report.
“Riggs, groups linked to Elias seek 4th Circuit action in Supreme Court election dispute”: The Carolina Journal has this report.
“So, How Much of Korematsu Did the Supreme Court ‘Overrule,’ Exactly? In 2018, Chief Justice John Roberts called it ‘obvious’ that the Court’s infamous decision upholding the internment of Japanese Americans has ‘no place in law under the Constitution’; Recent events suggest otherwise.” Madiba K. Dennie has this essay online at Balls and Strikes.
“Will the Supreme Court Stop Donald Trump? By defying the Justices’ ruling on a man mistakenly sent to El Salvador, the Administration has shown that it is not owed the deference typically shown to the executive branch.” Ruth Marcus has this essay online at The New Yorker.
“Will the Supreme Court Crash the Global Economy? The Roberts court just took a case that could entrench economic devastation and eviscerate the rule of law; But some key justices might be persuaded to step back from the brink.” Simon Lazarus has this essay online at The New Republic.
“The Constitutional Crisis Is Here: Trump’s administration is only pretending to comply with the Supreme Court on the matter of a Maryland man it deported erroneously.” Adam Serwer has this essay online at The Atlantic.
“Trump’s new favorite authoritarian is helping him sidestep court orders; El Salvador President Nayib Bukele is urging Trump to emulate his iron-fisted playbook”: Kyle Cheney, Josh Gerstein, and Hassan Ali Kanu of Politico have this report.
“Two GOP appointees on Supreme Court become ‘pivotal’ for Trump’s legal battles”: Alex Swoyer of The Washington Times has this report.
“Bukele rejects returning Maryland man Trump officials mistakenly deported; El Salvador’s president says it would be ‘preposterous’ to return Kilmar Abrego García; Trump also floated deporting criminal U.S. citizens to El Salvador”: Dan Diamond and Cleve R. Wootson Jr. of The Washington Post have this report.
“How the courts can get the truth about deported dad; The courts can halt Trump administration word games on a man wrongly sent to a Salvadoran prison”: Mary B. McCord has this essay online at The Washington Post.
“The Situation: Court Orders, Kidnapping, and Smuggling.” Benjamin Wittes has this post at the “Lawfare” blog.
“The Crisis Over Trump’s Salvadoran Gulag Has Reached a Terrifying Breaking Point”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“We’re Getting Dangerously Close to a Losing North Carolina Candidate Being Declared the Winner”: Law professor Richard L. Hasen has this Jurisprudence essay online at Slate.
“El Salvador’s Bukele Says He Doesn’t Have Power to Return Mistakenly Deported Man; Salvadoran leader Nayib Bukele, President Trump meet in Oval Office”: Vera Bergengruen and Tarini Parti of The Wall Street Journal have this report.
“New laws complicate Wyoming’s abortion situation as bans set to be argued in state Supreme Court”: Mead Gruver of The Associated Press has this report.
“Another Lawsuit, This Time in Colorado, Over Trump’s Use of the Alien Enemies Act; The president’s efforts to invoke a wartime statute to deport scores of Venezuelan immigrants have set off one of the most contentious legal battles of his second term”: Alan Feuer of The New York Times has this report.
“El Salvador President Bukele says he won’t be releasing Kilmar Abrego Garcia back to the US”: Seung Min Kim and Marcos Alemán of The Associated Press have this report.
And David Voreacos and Catherine Lucey of Bloomberg News report that “Bukele Says Deported Maryland Man Won’t Be Returned to US.”
“Justices playing dangerous game with shadow docket, court watchers say; Unlike regular appeals, emergency appeals can be decided mostly in secret; President Donald Trump has filed 11 in his few short weeks back in office”: Kelsey Reichmann of Courthouse News Service has this report.
“SCOTUS Lets Trump Play Word Games”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“Will Screening Immigrants’ Social Media History Cure Antisemitism? Denying US visas to applicants based on their opinions isn’t new; But when it comes to free speech, extra care must be taken.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“Supreme Court avoids confronting Trump so far, even when it rules against him; The court has ruled both for and against Trump in his second term, but even the losses have given the administration fodder to continue harsh criticism of lower court judges”: Lawrence Hurley of NBC News has this report.
“Supreme Court’s Strategy for Dealing With the White House Emerges; With their decision in the Abrego Garcia deportation case, the justices uphold the rule of law while avoiding a direct confrontation with the president”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“142. Five Questions About Domestic Use of the Military: The federal government’s authorities to use the military for domestic law enforcement are old, broad, and vague; They may soon become far more relevant than they’ve been for quite a long time.” Steve Vladeck has this post at his “One First” Substack site.
“In Whack ASAP”: You can access the new episode of the “Divided Argument” podcast via this link.
“Judicial Notice (04.13.25): ‘I Respect The Supreme Court’; Biglaw partners unite against Trump, SCOTUS treads lightly, Susman goes to the mat, and Sidley raids three rivals.” David Lat has this post at his “Original Jurisdiction” Substack site.
“A Lawyer’s Guide to Not Caving to the President: Neither Big Law nor SCOTUS can avoid a showdown with Trump and hold on to their integrity.” You can access the new episode of Slate’s “Amicus” podcast via this link.
In the April 21, 2025 issue of The New Yorker: Sarah Stillman has an article titled “Starved in Jail: Why are incarcerated people dying from lack of food or water, even as private companies are paid millions for their care?”
Emma Green has an article titled “What Comes After D.E.I.? Colleges around the country, in the face of legal and political backlash to their diversity programs, are pivoting to an alternative framework known as pluralism.”
John Cassidy has an article titled “How to Survive the A.I. Revolution: The Luddites lost the fight to save their livelihoods; As the threat of artificial intelligence looms, can we do any better?”
And Margaret Talbot has a Books essay titled “Does a Fetus Have Constitutional Rights? After Dobbs, fetal personhood has become the anti-abortion movement’s new objective.”
“Colorado’s New Tack on Gun Control: Make It Harder to Reload; First-of-its-kind legislation could reshape national gun-control debate as gun-rights groups say it will ban America’s most popular firearms.” Zusha Elinson and Cameron McWhirter of The Wall Street Journal have this report.
“U.S. Renews Opposition to Bringing Back Maryland Man Wrongly Deported to El Salvador; The Justice Department’s latest legal filing asserted that courts cannot direct President Trump’s foreign policy by forcing the return of a man unlawfully sent to a Salvadoran prison”: Alan Feuer of The New York Times has this report.
Olivia George and Marianne LeVine of The Washington Post report that “Justice Dept. says it’s not required to bring back wrongly deported man; A Supreme Court ruling only requires facilitating the removal of ‘domestic barriers’ against bringing Kilmar Abrego García back from El Salvador, the Justice Department argues.”
And Josh Gerstein and Kyle Cheney of Politico report that “Trump administration contends it has no duty to return illegally deported man to US; The administration’s position suggests officials do not view the Supreme Court’s order as compelling them to seek Abrego Garcia’s return.”