Lazy Caturday Reads: Yes, Fascism is Coming to America.

East is a delicate matter, by Zakir Akhmadov

Good Afternoon!!

I don’t see any good news out there today. I wonder if things are just going to continue getting worse until fascism completely takes over our country. It’s already true that we are a failing democracy; and it’s not clear whether we can recover.

We still have some hope that the federal courts can rescue us, but the Supreme Court is making that less likely with each passing day. Yesterday, Dakinikat wrote about the latest nightmare decision from SCOTUS in the birthright citizenship case, and reactions to that decision are still dominating today’s news and opinion, and there are differing opinions about the fallout from the decision.

I also want to highlight some immigration horror stories that demonstrate how fascism really is coming to America, as Dakinikat suggested yesterday.

The Birthright Citizenship Decision

Nicholas Bagley at The Atlantic (gift link): The Supreme Court Put Nationwide Injunctions to the Torch. That isn’t the disaster for birthright citizenship that some fear.

Yesterday, in a 6–3 decision in Trump v. Casa, the United States Supreme Court sided with the Trump administration in a case involving an executive order that purports to eliminate birthright citizenship.

Confusingly, the Court’s decision wasn’t about the constitutionality of the birthright-citizenship order. Instead, the case proceeded on the assumption that the order was unconstitutional. The only question for the justices was about remedy: What kind of relief should federal courts provide when a plaintiff successfully challenges a government policy?

The lower courts had, in several birthright-citizenship cases across the country, entered what are known as “universal” or “nationwide” injunctions. These injunctions prevented the executive order from applying to anyone, anywhere—even if they were not a party to the case. The Trump administration argued that nationwide injunctions were inappropriate and impermissible—injunctions should give relief only to the plaintiffs who brought the lawsuit, no one else.

In a majority opinion by Justice Amy Coney Barrett, the Supreme Court sided with the Trump administration and put nationwide injunctions to the torch. That’s a big deal. Not only does it represent a major setback to the states and advocacy groups that brought the lawsuit, it also amounts to a revolution in the remedial practices of the lower federal courts.

But it is not, as the dissenting Justice Ketanji Brown Jackson would have it, “an existential threat to the rule of law.” It won’t even mean the end of sweeping injunctions in the lower federal courts. To the contrary, the opinion suggests that relief tantamount to a nationwide injunction will still be available in many cases—including, in all likelihood, in the birthright-citizenship case itself.

Cat of Morocco by Isy Ochoa

The author, Nicholas Bagley, is a law professor at the University of Michigan and in the past served as legal counsel to Gov. Gretchen Whitmer. He writes that Barrett’s decision was based on history. Nationwide injunctions did not become commonplace until fairly recently in U.S. history; therefore she argued that ‘The federal courts thus lack the power to issue nationwide injunctions. Period. Full stop.” Bagley’s take:

In my book, that’s a positive development. In 2020 testimony to the Judiciary Committee of the U.S. Senate, I argued that nationwide injunctions “enable opportunistic behavior by politically motivated litigants and judges, short-circuit a process in which multiple judges address hard legal questions, and inhibit the federal government’s ability to do its work. By inflating the judicial role, they also reinforce the sense that we ought to look to the courts for salvation from our political problems—a view that is difficult to square with basic principles of democratic self-governance.”

Although the Supreme Court divided along partisan lines, with the liberal justices dissenting, I don’t see this as a partisan issue. (The outrageous illegality and sheer ugliness of President Donald Trump’s executive order that lies underneath this fight may go some distance to explain why the three liberals dissented.) Nationwide injunctions are equal-opportunity offenders, thwarting Republican and Democratic initiatives alike. Today, it’s Trump’s birthright-citizenship order and USAID spending freezes. Yesterday it was mifepristone, the cancellation of student debt, and a COVID-vaccine mandate. Why should one federal judge—perhaps a very extreme judge, on either side—have the power to dictate government policy for the entire country? Good riddance.

ven as it ended nationwide injunctions, the Supreme Court left the door open for other forms of relief that are not nationwide injunctions—but that look a whole lot like them. That’s good news for opponents of the birthright-citizenship order.

You’ll need to read the rest at The Atlantic to understand Bagley’s arguments.

Jonathan Last [who is not a lawyer] at The Bulwark: The Supreme Court Just Made America a Dangerous Place.

The Supreme Court issued its birthright citizenship ruling this morning and it’s worse than just about everyone feared it could be.

The Court’s ruling is composed of two main parts.

The first is its declaration that it is possible that the president can contradict the plain-text reading of the Constitution by issuing an executive order doing away with birthright citizenship.

The second is that lower courts can no longer issue nationwide injunctions against blatantly unconstitutional policies imposed by the executive. Injunctions must now be created on a patchwork basis.

I want to impress upon you how dangerous this is. SCOTUS has empowered the president to impose whatever he likes—irrespective of its constitutionality—and then prevented judicial overview except at the localized level.1 Meaning that we will now have two sets of laws. One that operates in Red America and one that Operates in Blue America.

Separate, but unequal. A house divided against itself.

think the majority believes it is being clever—that it has found a way to pretend to give Trump a win while (they tell themselves) ackshually delaying a substantive verdict.

But what they have done is not mere make-believe. They have set in motion a calamity.

Mr. Angel, Sir, Some Other Dude Done It, Elisheva Nesis, Israeli artist

I’m going to give you a bit more, because this article is behind a paywall. Last notes that the case before the SCOTUS was not about birthright citizenship, so they didn’t need to deal with that, and they didn’t specifically do that. That question will require further litigation.

The Supreme Court could have jumped ahead and simply ruled that the action proposed by the president’s executive order was unconstitutional. This would have meant widening the scope of the specific question in Trump v. Casa. But scope gets widened all the time.2 The Supreme Court is the Supreme Court. It can do whatever it wants.

The fact that the majority chose to delay answering this question is, all on its own, a statement. My theory is that at least two members of the majority do not believe that the birthright citizenship order is constitutional—but they want to delay making that judgment as long as possible.

And so, by constructing this new idea—that universal stays are now verboten—they tell themselves that they have handed Trump a tactical victory but set him up for a strategic defeat on the substance of his EO later on.

The Supreme Court majority thinks it’s being clever by playing within the rules. They’re actually being fools, because Trump isn’t playing within the rules. Their conception that injunctions should be limited just to the parties in each particular case works only if (1) similar cases will be decided similarly, and (2) the government knows this fact and won’t try to break the law. But the government is, right now, in the process of finding ways to ignore the courts—including the Supreme Court—with as little political price as possible. And the government has shown already—repeatedly—that it will break the law.

That’s very true. See this article at The Washington Post: Trump says he will move aggressively to undo nationwide blocks on his agenda.

An emboldened Trump administration plans to aggressively challenge blocks on the president’s top priorities, a White House official said, following a major Supreme Court ruling that limitsthe power of federal judges to issue nationwide injunctions.

Government attorneys will press judges to pare back the dozens of sweeping rulings thwarting the president’s agenda “as soon as possible,” said the official, who spoke on the condition of anonymity to describe internal deliberations.

Priorities for the administration include injunctions related to the Education Department and the Department of Government Efficiency, as well as an order halting the dismantling of the U.S. Agency for International Development (USAID), the official said.

“Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis,” President Donald Trump said Friday at a news conference in which he thanked by name members of the conservative high court majority he helped build.

Trump on Friday cast the narrowing of judicial power as a consequential, needed correction in his battle with a court system that has restrained his authority.

Scholars and plaintiffs in the lawsuits over Trump’s orders agreed that the high court ruling could profoundly reshape legal battles over executive power that have defined Trump’s second term — even as other legal experts said the effects would be more muted. Some predicted it would embolden Trump to push his expansive view of presidential power.

“The Supreme Court has fundamentally reset the relationship between the federal courts and the executive branch,” Notre Dame Law School Professor Samuel Bray, who has studied nationwide injunctions, said in a statement. “Since the Obama administration, almost every major presidential initiative has been frozen by federal district courts issuing ‘universal injunctions.’”

For another take, see this article at Slate by Matt Watkins: The United States Is About to Embark on a Terrifying Experiment in Mass Statelessness.

Huffpost’s Jennifer Bendery reports on the reactions of the ACLU and other civil liberties groups to the SCOTUS decision: Groups File Nationwide Class Action Lawsuit Over Trump’s Birthright Citizenship Order.

Immigrants rights’ advocates on Friday filed a nationwide class action lawsuit challenging President Donald Trump’s executive order restricting birthright citizenship, just hours after the Supreme Court partially blocked nationwide injunctions challenging Trump’s order.

The lawsuit, filed by the American Civil Liberties Union, Legal Defense Fund and other groups, was brought on behalf of a class of babies subject to the executive order, along with their parents. It charges the Trump administration with flouting the Constitution, congressional intent, and longstanding Supreme Court precedent.

Bohemio et el gato, Luis Garcés

It is also a direct response to the Supreme Court’s decision earlier Friday that puts new limits on nationwide injunctions, and reflects a new legal pathway that groups will likely turn to when challenging the Trump administration’s unlawful actions.

In a 6-3 decision along ideological lines, the high court struck down nationwide injunctions against Trump’s birthright citizenship order, narrowing their scope to provide relief to the specific plaintiff who is suing in a case rather than anyone who would be affected by the order. In addition to drawing sharp criticism from constitutional experts, the court’s decision is a major blow to pro-democracy groups that have been successfully challenging Trump’s lawlessness through the use of injunctions.

But the justices left the door open to challenging the administration in other ways, like class action lawsuits. The ACLU and its cohorts wasted no time using this legal pathway.

In a statement, the groups behind the new lawsuit noted that three lawsuits previously obtained nationwide injunctions protecting everyone subject to Trump’s executive order, but the Supreme Court’s decision narrowed those injunctions and potentially leaves children without protections.

“Every court to have looked at this cruel order agrees that it is unconstitutional,” Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project and lead attorney in this case, said in a statement. “The Supreme Court’s decision did not remotely suggest otherwise, and we are fighting to make sure President Trump cannot trample on the citizenship rights of a single child.”

Read the rest at HuffPost.

Immigration Horror Stories

First, two incidents in California, which is still under Trump’s thumb with his commandeering of the National Guard and his stationing marines in Los Angeles and with masked ICE gangs roaming the streets. We aren’t getting as much coverage about the situation in California, but protests and ICE raids are still going on.

The Guardian: Federal agents blast way into California home of woman and small children.

Federal agents blasted their way into a residential home in Huntington Park, California, on Friday. Security-camera video obtained by the local NBC station showed border patrol agents setting up an explosive device near the door of the house and then detonating it – causing a window to be shattered. Around a dozen armed agents in full tactical gear then charged toward the home.

Jenny Ramirez, who lives in the house with her boyfriend and one-year-old and six-year-old children, told NBC through tears that it was one of the loudest explosions she heard in her life.

“I told them, ‘You guys didn’t have to do this, you scared by son, my baby,’” Ramirez said.

Ramirez said she was not given any warning from the authorities that they wanted to enter her home and that everyone who lives there is a US citizen.

The raid comes as federal agents have ramped up immigration enforcement in Los Angeles and across southern California over the last few weeks. Huntington Park is in Los Angeles county. Immigrants have been swept up in raids at court houses, restaurants and straight off the street. Some of the people targeted by Immigration and Customs Enforcement (Ice) have been US citizens. In one incident, Ice agents detained a Honduran woman seeking asylum and her children, one of which was a six-year-old boy who had been diagnosed with leukemia.

The agents who raided Ramirez’s home in Huntington Park on Friday also reportedly sent a drone into the house after setting off the explosive device.

Two cats on a colorful cushion, woodcut by Theophile Steinlen

More details from ABC 7: Federal agents blast door off, shatter window during raid in Huntington Park.

Dramatic video shows the moment federal agents blew up the front door of a residence in Huntington Park early Friday morning, using a drone to search room by room for a man they say rammed a federal vehicle last week during immigration raids.

“They were right here with their rifles and we heard some screaming up in the front but we couldn’t see because everything was blocked, but it was pretty shocking,” said Lourdes Salazar.

That man, Jorge Sierra-Hernandez, was not home at the time, but his girlfriend and two young children were, leaving them shaking with fear due to the aggressive tactics of those agents.

He is now back home with his family after turning himself in Friday.

After the break-in and drone search:

Once the drone went out, at least nine agents moved in with guns drawn. They eventually escorted Ramirez and her children outside.

“They didn’t identify themselves until I came out, they told me they were from Homeland Security, from ICE,” said Ramirez.

She said pleaded with them to give her an explanation, but instead of giving her an answer, they said “when we find him he’s going to know why.” [….]

The agents claimed that Ramirez’s car ran into a truck carrying federal agents. It’s not clear if it was deliberate. The agents were also angry because protesters were throwing rocks at them during the incident. Why does that justify terrorizing a mother and two small children? DHS and ICE are on an out-of-control power trip.

Channel 4 Los Angeles reported on another incident: Family outraged after federal agents detain US citizen, accuse her of assault.

A 32-year-old U.S. citizen was released from federal custody Thursday evening after her family said she was wrongfully detained by agents during an immigration enforcement operation in downtown Los Angeles.

According to her attorney, Andrea Velez was released on bond after being detained by immigration enforcement agents on Tuesday and then charged with assaulting a federal officer. The Department of Homeland Security said Velez “forcefully obstructed an ICE officer,” but her family said that’s not the case.

Estrella Rosas documented the frantic moments as she saw her sister being thrown to the ground before being arrested and forced into an unmarked car by unidentified officers near 9th and Main Street in downtown Los Angeles.

Woman with a cat, by Marijan Trepše.

“We dropped off my sister to go to work like we always do, all of a sudden, my mom in the rearview mirror she saw how a man went on top of her. Basically, dropped her on the floor and started putting her in handcuffs and trying to arrest her,” said Rosas, recounting the arrest.

In the video, Velez’s mother and sister can be heard pleading for help. “That’s my sister. They’re taking her. Help her, someone. She’s a U.S. citizen,” said Rosas.

In the criminal complaint, prosecutors alleged that during an immigration enforcement Tuesday morning, “Velez stepped into an officer’s path and extended one of her arms in an apparent effort to prevent him from apprehending a male subject he was chasing and that Velez’s outstretched arm struck that officer in the face.”

In her court appearance Thursday, Velez did not enter a plea in federal court. Velez’s family said she was just walking on her way to work as a marketing designer and did nothing wrong.

Both sisters are U.S. citizens, but these days that doesn’t seem to matter.

One more awful immigration story from The Washington Post: DHS ends deportation protection for Haitians, says Haiti is ‘safe.’

The Trump administration announced an end to temporary legal protections for Haitian migrants in the United States, leaving hundreds of thousands of people at risk of deportation.

The temporary protected status for Haitian nationals in the United States, granted after a 2010 earthquake near Port-au- Prince caused up to 200,000 deaths, will terminate Sept. 2, the Department of Homeland Security said in a statement Friday.

“This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary,” DHS said in a statement Friday. The “environmental situation in Haiti has improved enough that it is safe for Haitian citizens to return home,” DHS said, and Haitian nationals may “pursue lawful status” through other means if they are eligible.

The statement did not elaborate on why it considered Haiti safe for citizens.

That’s because Haiti is not safe.

Meanwhile, the U.S. government continues to advise Americans against all travel to Haiti, which has been under a state of emergency since March 2024 because of “kidnapping, crime, civil unrest, and limited health care.” The State Department’s travel advisory adds that “mob killings and assaults by the public have increased” and that crimes including “robbery, carjackings, sexual assault and kidnappings for ransom” are common.

Bedtime Story, by Jeanette Lassen

The U.S. Embassy in Port-au-Prince this week noted that some domestic air travel had resumed, and urged Americans to leave the country “as soon as possible.”

In a federal register notice of the decision, Secretary of Homeland Security Kristi L. Noem said she decided to terminate the TPS designation for Haiti “because it is contrary to the national interest to permit Haitian nationals … to remain temporarily in the United States.”

“Widespread gang violence in Haiti is sustained by the country’s lack of functional government authority. This breakdown in governance directly impacts U.S. national security interests, particularly in the context of uncontrolled migration,” she said in the notice. While the situation in Haiti was “concerning,” she wrote, “the United States must prioritize its national interests.”

The puppy murderer has spoken.

More Important Stories to Check Out

NBC News: Senate Republicans release 940-page bill for Trump’s agenda as they race to vote this weekend.

Politico: Fresh megabill text overnight: what’s in and what’s out.

Bryce Edgmon and Alaska Cannot Survive This Bill.

The New York Times: Senate Blocks War Powers Resolution to Limit Trump’s Ability to Strike Iran Again.

Ryan J. Reilly at NBC News: Pam Bondi fires three Jan. 6 prosecutors, sending another chill through DOJ. workforce.

CNN: University of Virginia president resigns amid pressure from the Trump administration.

Stars and Stripes: Trump eyes staff cuts to top spy agency as he sweeps aside Iran intelligence.

The Washington Post: DOGE loses control over government grants website, freeing up billions.

That’s all I have for you today. What’s on your mind?


Finally Friday Reads: Will no one rid us of this Turbulent Pest?

“True,” John Buss, @repeat1968

Good Day, Sky Dancers!

It’s not often I quote the Daily Mail, but it has that British humor touch that just puts the right tone on what should be a Monty Python Sketch. I used to have an apron that said, “Who invited all these tacky people?” Well, it’s Yam Tits and all those Republican Senators that approved the cast of this freak show. Every headline these days about the Regime of Orange Caligula and his cabinet of crazies is outrageous and depressing. Today, we’ll discover both categories.  And, btw, I send apologies out to Henry II for messing with his lament. We’ve become the worst caricature of ourselves.

“ICE Barbie Kristi Noem is backing insane reality TV show where immigrants compete for fast-tracked citizenship.”  Doesn’t that just have that perfect mixture of cruelty, inhumanity, and pathos that makes the news cringeworthy these days?

She’s been called ‘ICE Barbie’ for treating her Cabinet position like a TV production, but now Homeland Security Secretary Kristi Noem is pushing for an actual reality show pitting immigrants against each other ‘for the honor of fast-tracking their way to U.S. citizenship’.

It may sound like a joke, but the idea is for real and is outlined in a 35-page program pitch put together in coordination with the DHS secretary, DailyMail.com can exclusively reveal.

Noem is even offering up officials from the U.S. Citizenship and Immigration Services to tally votes for the made-for-TV contest.

The pitch comes from Rob Worsoff, a writer and producer known for Duck Dynasty, the A&E reality show about a Louisiana family and its hunting empire, and Bravo’s Millionaire Matchmaker.

The proposed series is called The American, named after the train that contestants would ride around the country, competing in regionally specific ‘cultural’ contests such as rolling logs in Wisconsin.

It would lead to a grand finale with the winner getting sworn in on the steps of the U.S. Capitol.

‘Along the way, we will be reminded what it means to be American – through the eyes of the people who want it most,’ reads Worsoff’s pitch.

Worsoff – who himself was born in Canada – said: ‘I’m not affiliated with any political ideology. As an immigrant myself, I am merely trying to make a show that celebrates the immigration process, celebrate what it means to be American and have a national conversation about what it means to be American, through the eyes of the people who want it most.’

Tricia McLaughlin, the top spokesperson for DHS, acknowledged that agency staff are reviewing this pitch and had a call with the producer last week. She insisted Noem is yet to be briefed on the initiative.

However, DailyMail.com has confirmed that Noem supports the project and wants to proceed.

And McLaughlin said: ‘I think it’s a good idea.’

Worsoff’s project comes as Noem is wanting to showcase what it means to become an American, amid the Trump administration’s crackdown on illegal immigration.

She and her agency have been working for weeks to get such a project greenlit from Netflix or another streaming or cable service, sources tell DailyMail.com.

But while past outreach has fallen flat, they’re hoping this one has a real chance.

In his pitch, Worsoff, 49, expresses confidence that The American would be a commercial hit and ‘lends itself to enormous corporate sponsorship opportunities’.

At the same time, there’s concern among some in DHS about the possible optics of turning the plight of immigrants into a reality game show, sources say.

“If you read the speech bubble using RFK Jr’s halting, raspy, tinny voice, it helps get past the grossness.” John Buss, @repeat1968

Isn’t that what brought us here? Illiterate, unhappy people who believe that “reality” shows are real?  Cosplay Barbie isn’t alone for being out of her league, but melodramatic enough to keep the big guy happy. Yesterday, I listened to the most surreal edition of a Supreme Court hearing I’d ever seen. How on earth did this thing make it to the docket, and what’s next?  This is from Slate. “The Supreme Court May Pick the Worst Possible Case to Cede More Power to Trump.”  This analysis is provided by Dahlia Lithwick and Mark Joseph Stern.   As usual, the Women on the Bench Rule and the guys drool.

During one of the term’s biggest sets of oral arguments on Thursday, everyone at the Supreme Court seemed to agree that the United States is in the midst of an emergency. But there was far less agreement about what specifically that emergency is. During debate over three nationwide injunctions currently protecting birthright citizenship from President Donald Trump’s attacks, the justices were deeply split over what manner of legal crisis the court—and the country—truly faces. And the growing gender divide emerged once again: The four women seemed concerned that the president is trying to undo the final restraints on his exercise of unconstitutional power, and doing so in ways that include breaking norms and defying courts. The five men, in contrast, sounded irked at allegedly monarchical district court judges who dare issue broad orders blocking the White House’s policies, even when they’re blatantly unconstitutional.

These five men, of course, make up the majority of the Supreme Court. And, as they keep reminding us, they can do anything they want with their authority. But there is reason to believe that one or two of these justices might balk at the mayhem they could unleash by limiting lower courts’ power to constrain the executive branch. And not onejustice even hinted that they think Trump should eventually win on the merits and get the green light to start stripping birthright citizenship from immigrants’ children. What they spent two and a half hours debating, in painstaking detail, is whether nationwide or universal injunctions are the way to stop that from happening.

It’s anybody’s guess how the court will come down on that question. It seems the majority wants to have it both ways, reining in lower courts that are—across all political and ideological lines—battling Trump’s lawlessness, and somehow doing so without itself blessing that lawlessness as the administration would like to deploy it against American children of noncitizens. That may well be an impossible task, and their attempt to pull it off in this case could provoke destabilizing confusion across the judiciary. In trying to resolve one perceived emergency, the majority may end up provoking many more.

During one of the term’s biggest sets of oral arguments on Thursday, everyone at the Supreme Court seemed to agree that the United States is in the midst of an emergency. But there was far less agreement about what specifically that emergency is. During debate over three nationwide injunctions currently protecting birthright citizenship from President Donald Trump’s attacks, the justices were deeply split over what manner of legal crisis the court—and the country—truly faces. And the growing gender divide emerged once again: The four women seemed concerned that the president is trying to undo the final restraints on his exercise of unconstitutional power, and doing so in ways that include breaking norms and defying courts. The five men, in contrast, sounded irked at allegedly monarchical district court judges who dare issue broad orders blocking the White House’s policies, even when they’re blatantly unconstitutional.

These five men, of course, make up the majority of the Supreme Court. And, as they keep reminding us, they can do anything they want with their authority. But there is reason to believe that one or two of these justices might balk at the mayhem they could unleash by limiting lower courts’ power to constrain the executive branch. And not onejustice even hinted that they think Trump should eventually win on the merits and get the green light to start stripping birthright citizenship from immigrants’ children. What they spent two and a half hours debating, in painstaking detail, is whether nationwide or universal injunctions are the way to stop that from happening.

It’s anybody’s guess how the court will come down on that question. It seems the majority wants to have it both ways, reining in lower courts that are—across all political and ideological lines—battling Trump’s lawlessness, and somehow doing so without itself blessing that lawlessness as the administration would like to deploy it against American children of noncitizens. That may well be an impossible task, and their attempt to pull it off in this case could provoke destabilizing confusion across the judiciary. In trying to resolve one perceived emergency, the majority may end up provoking many more.

Thursday’s arguments in Trump v. CASA were a muddle, exacerbated by the Trump Justice Department’s pretzel of a request for emergency resolution of a side issue, and accepted on those narrow terms by the Supreme Court’s own design. The court agreed to consider three different injunctions issued by district courts against Trump’s Jan. 20 executive order abolishing birthright citizenship for thousands of children. These orders would have denied U.S. citizenship to babies born in the United States to immigrants lacking permanent legal status and holders of temporary visas. A small army of plaintiffs—including pregnant women, advocacy groups, and 22 states—promptly sued.

Three district courts, in Maryland, New Jersey, and Washington state, all separately held that Trump’s ban unequivocally violates the 14th Amendment, which expressly grants citizenship to “all persons born” in the U.S., with minor exceptions for the children of diplomats and members of invading armies that are irrelevant here. So each court issued a “universal injunction” prohibiting the Trump administration from implementing the policy nationwide. These courts reasoned that narrower injunctions would fail to fully protect the plaintiffs’ right to complete relief from the unconstitutional policy. As a result, the executive order was paused across the nation. Three federal appeals courts refused to disturb the injunctions.

Trump’s DOJ then asked the Supreme Court to step in, claiming that being thwarted from stripping birthright citizenship from the 14th Amendment represented an emergency that needed to be resolved on the so-called shadow docket. But, perhaps recognizing that it was destined to lose on the constitutional merits, the department did not ask SCOTUS to rule that Trump’s executive order was lawful. Instead, it asked the justices to narrow the injunctions to the named plaintiffs, arguing that it was long past time to crack down on universal injunctions proliferating against the administration, and to resolve the decades-old problems of know-it-all trial court judges and forum-shopping litigants (a problem Republican litigants were far less concerned about when these weapons were wielded aggressively against the Biden administration). The high court agreed to consider whether these sweeping injunctions were appropriate—a question that’s related to, but wholly separate from, the larger and arguably far more pressing issue of whether the underlying executive orders are unconstitutional.

If you squint, you can see the logic of what SCOTUS did here. Maybe the justices thought they could issue a compromise decision that would give Trump a procedural victory by trimming the nationwide injunctions while teeing up a someday defeat for him on the merits in the near future. This was the kind of Solomonic “grand bargain” that some commenters hoped would come with last year’s Jan. 6–related cases, in which the majority ultimately allowed the once and future president to run the table. It became painfully clear during Thursday’s oral arguments that any such vision here was a mirage: There is no clean way to separate the merits of the 14th Amendment’s guarantee of citizenship to everyone born in the United States from the effort to claw back broad injunctions. To allow the states and plaintiffs to lose on the latter is to give away the farm on the former.

“Pretty sure this one’s headed to the trump library too..” John Buss, @repeat1968

Slate’s Mary Ziegler at Slate has another example of the sneaky, backdoor way the Project 2025 Klan has of making things worse for everyone.  “Trump’s ‘Big Beautiful Bill’ Is a Sneak Attack on Abortion.”

“With Donald Trump’s “big beautiful bill” of tax and Medicaid cuts up for consideration, abortion might be the last thing on anyone’s mind. But a provision buried in the bill is Republicans’ latest attempt to stop losing on reproductive rights. The current version of the GOP budget reconciliation bill includes language denying Medicaid funding to any “large provider of abortion services.” This marks a big change in the GOP’s recent approach to abortion policy. Through the early months of the Trump administration, Republicans in Congress have been remarkably reluctant to do anything big on abortion. But now they are using the president’s signature legislation to wade back into the fight.

What made this bill different? The idea seems to be that Republicans can reframe unpopular attacks on reproductive rights as more acceptable government cost-cutting measures by relying on the Department of Government Efficiency to do their dirty work. If Americans like saving money, and are prepared to believe Elon Musk’s arguments about fraud and waste, the theory goes, maybe Republicans can deliver for their socially conservative constituents without the plan backfiring. But the GOP’s latest gambit is a reminder that there’s still no magic bullet for conservatives when it comes to reproductive rights.

It’s no surprise that anti-abortion leaders themselves have seized on this strategy. Trump has made some moves to placate abortion opponents, like announcing that no one will be prosecuted for violating the Freedom of Access to Clinic Entrances Act, which protects access to clinics and places of worship, and pardoning several defendants convicted of violating it. But for the most part, he has frozen out the anti-abortion movement. The Department of Justice hasn’t started enforcing the Comstock Act as an abortion ban. When conservative state attorneys general sued to force a shift, the Trump administration just last week asked the court to dismiss the suit for procedural reasons.

That doesn’t mean Trump won’t give anti-abortion leaders what they want later. Just Wednesday, Robert F. Kennedy Jr. announced that the Food and Drug Administration would investigate the safety of mifepristone and potentially impose new restrictions on it. But the anti-abortion movement will have to cajole Trump and hope for the best. He is the one holding all the cards.

For that reason, dressing up an abortion restriction as a DOGE priority makes sense. The administration has cut everything from funding for cancer research to military aid to Ukraine. Republicans in Congress, who seem primarily concerned about pleasing Trump, are also banking on the fact that the president will approve of abortion restrictions as long as they can be sold as something Elon Musk would love. And defunding providers could be consequential. Local clinics have struggled in recent years, as have state Planned Parenthood affiliates. Cutting these providers out of Medicaid will make it harder for them to remain open.

But the new strategy has risks, as the few Republicans who won districts Trump lost recognize. Cutting Medicaid is deeply unpopular. Most Americans see the program positively. One poll found that under 20 percent of Americans want Congress to cut Medicaid funding. So, cutting Medicaid in any way will likely be a political loser.

And “political loser” is a good way to discuss the GOP’s conventional position on abortion. Most Americans want abortion to be legal. The go-to move for Republicans—to argue that Democrats are the true extremists on the issue—is harder when Republican-controlled states are considering ever more sweeping bans, many of them targeting people in states where reproductive rights are protected, or punishing people for donations or speech about abortion.

Still, the GOP may be emboldened because Trump won in 2024, even when Kamala Harris went all in on reproductive rights. Since then, Democrats seem less focused on the issue.

At the same time, if voters actually are paying less attention, it’s probably because less seems to be happening. Republicans in Congress have sat on their hands. Trump has yet to make a big move. The truth is that plenty is still going on, with cases moving through state and federal courts, states poised to pass stringent new bills, and Trump’s future moves still shrouded in uncertainty. The minute one of these events makes news, there’s no reason to believe voters will be any happier with Republicans’ position than they ever were.

I don’t know about you, but I feel like running for the Canadian border.  Why would anyone want to come here under these circumstances?  I’m also very afraid of this year’s hurricane season. This is from ABC News. “FEMA ‘not ready’ for hurricane season, internal review finds. The acting agency head told staff that planning is about 80-85% complete.” The season starts on June 1st.  There have already been disturbances reported.  This administration seems hellbent on killing people.  This might make Heckuva Job Brownie look like an efficiency expert.

The acting head of the Federal Emergency Management Agency told staff members on Thursday that he believes President Donald Trump is a bold man with a bold vision for the agency — but that FEMA doesn’t yet have a full plan to tackle hurricane season.

“I would say we’re about 80 or 85% there,” Acting FEMA Administrator David Richardson told staff on a conference call, parts of which were obtained by ABC. “The next week, we will close that gap and get to probably 97-98% of a plan. We’ll never have 100% of a plan. Even if we did have 100% of a plan, a plan never survives first contact. However, we will do our best to make sure that the plan is all-encompassing.”

The conference call came after an internal document prepared for Richardson as he takes the helm of the agency responsible for managing federal disasters indicated the agency was ill-prepared for the upcoming hurricane season, which starts on June 1.

“As FEMA transforms to a smaller footprint, the intent for this hurricane season is not well understood, thus FEMA is not ready,” according to the document, which was obtained by ABC News.

In the conference call, Richardson said he and staff sat down for “about 90 minutes” and started to come up with a plan for this year’s disaster season.

He said the plan would be ready soon.

“Listen closely: The intent for disaster season 2025 (is to) safeguard the American people, return primacy to the states, strengthen their capability to respond and recover, and coordinate federal assistance when deemed necessary, while transforming to the future of FEMA,” Richardson said.

Richardson was placed at FEMA by Department of Homeland Security Secretary Kristi Noem after former acting Administrator Cam Hamilton was fired last week because of his testimony in front of a House panel, according to a source familiar with the matter, which went against the shuttering of the agency.

The acting administrator said this version of FEMA will look different than the agency of the past.

Meanwhile, the Tariff turbulence is coming to fruition. This is from CNBC. “Walmart CFO says price hikes from tariffs could start later this month, as retailer beats on earnings.”  Melissa Repko has the story.

Walmart on Thursday fell just short of quarterly sales estimates, as even the world’s largest retailer said it would feel the pinch of higher tariffs.

Even so, the Arkansas-based discounter beat quarterly earnings expectations and stuck by its full-year forecast, which calls for sales to grow 3% to 4% and adjusted earnings of $2.50 to $2.60 per share for the fiscal year. That cautious profit outlook had disappointed Wall Street in February. Wall Street was also underwhelmed by the results Thursday, as shares closed slightly lower.

Walmart also marked a milestone: It posted its first profitable quarterfor its e-commerce business both in the U.S. and globally. The business has benefited from the growth of higher-margin moneymakers, including online advertising and Walmart’s third-party marketplace.

In an interview with CNBC, Chief Financial Officer John David Rainey said tariffs are “still too high” – even with the recently announced agreement to lower duties on imports from China to 30% for 90 days.

“We’re wired for everyday low prices, but the magnitude of these increases is more than any retailer can absorb,” he said. “It’s more than any supplier can absorb. And so I’m concerned that consumer is going to start seeing higher prices. You’ll begin to see that, likely towards the tail end of this month, and then certainly much more in June.”

Reuters reports the bottom line here.  There’s only so long you can eliminate loss leaders, lower earnings, and try to slow things down.  We will feel it everywhere, and it will be next month. Jennifer Saba has this headline: “Walmart can discount tariffs only so much.”   So this is your friendly economist speaking, stock up and hunker down. It’s going to get real real soon.

Walmart (WMT.N), opens new tab wheeled its trolley cart right into President Donald Trump’s ankles. The largest U.S. retailer and a bellwether for consumers said on Thursday that tariffs would force it to raise prices, just a month after it expressed confidence that it would keep them low. Boss Doug McMillon may be able to do both at once, on a relative basis, but it also sends a clear signal to the White House that shelves are stocked with only so many ways to shield shoppers.

Flagship U.S. Walmart locations open for at least a year generated 4.5% sales growth for the three months ending April 30 from the same stretch in 2024, a second consecutive quarterly slowdown. McMillon warned that import levies are starting to take a toll. Supply-chain pressure began in late April and accelerated in May. The $750 billion company is trying to hold the line on food even as the cost of bananas, coffee, avocados and flowers increases, but it is unwilling to eat them everywhere.

McMillon and his deputies took a markedly different tone a few weeks ago. The CEO told investors that U.S. duties, which at the time were 145% on Chinese goods, remained a question mark, but that Walmart would focus on “managing our inventory and our expenses well.” Following news that those levies would be slashed to 30%, at least temporarily, McMillon cautioned of a challenging environment, implying that he can squeeze suppliers only so much.

He’s not alone either. JPMorgan boss Jamie Dimon warned, opens new tab on Thursday that recession remains a threat despite Trump’s trade truce. Taiwanese contract manufacturing giant Foxconn, which assembles iPhones and makes Nvidia servers, also slashed its full-year outlook this week, blaming the stronger Taiwan dollar and “rapid changes” in U.S. tariff policy.
Equity investors took comfort from the lower duty rates, pushing the S&P 500 Index up 5% this week, to higher than where it started the year. Business leaders are clearly less impressed. Sustained gloom from industry titans like Walmart will keep pressure on the president to reconsider his own pricing power.

Every day I read the headlines, all I can think is that we shouldn’t be in this position.  But, here it is.  Don’t even get me started on Drunk and rapey Pete Hegseth.  (Must Read. VF: “VF editors are joined by special correspondent Gabriel Sherman to discuss Pete Hegseth’s tumultuous tenure atop the Department of Defense, and why the president is reluctant to break with his friend from Fox.)

What’s on your reading and blogging list today?