Main Justice

With so many issues stemming from President Trump’s executive orders now before the Supreme Court, it’s tough to know where to begin. So Andrew and Mary start this week with the arguments heard last Thursday from Mary’s ICAP team on the courts issuing national injunctions in several birthright citizenship cases. They recap Thursday’s highlights and note the Justices' interest in getting to the merits of the birthright issue. Then, they talk through two SCOTUS decisions from Friday and Monday: one on the Trump administration using the Alien Enemies Act to ‘extract’ Venezuelan migrants, and the other on their attempt to revoke the protected status of Venezuelans. Last up, Andrew and Mary turn to the specifics of a few of the immigration removal cases, as hearings continue and the lack of due process continues to be challenged. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Stephen Miller’s got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary’s ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump’s decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Long established legal norms continue to be challenged by Trump’s Justice Department, leading Andrew and Mary to emphasize how the courts have grown increasingly frustrated with the administration's tactics. They begin with last Thursday’s ruling from Judge Rodriguez in Texas, that Trump was unjustified in using the Alien Enemies Act to deport Venezuelan migrants. After a review of what that means for his ‘extraction’ efforts, Andrew and Mary go deep on an assessment made public from the National Intelligence Council, that indicates despite Trump’s presidential proclamation evoking the Alien Enemies Act, intelligence officials do not see a strong link between the Venezuelan government and Tren de Aragua. And lastly this week, they look at the latest judicial pushback on Trump’s attempts to threaten law firms, after Judge Beryl Howell ruled against his targeting of Perkins Coie by executive order. Further reading: Here is the assessment from the National Intelligence Council [https://static01.nyt.com/newsgraphics/documenttools/32f71f10c36cc482/d90251d5-full.pdf] on the relationship between the Maduro government and Tren de Aragua, courtesy of the New York Times. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

The first 100 days of President Trump’s second term have now come to a close. In a live legal special, MSNBC’s Ari Melber breaks down the most consequential legal moments of the new administration, including the Trump administration’s continued dismantling of key federal agencies, the targeting of private law firms, and the response from the judicial system and the US Supreme Court. Melber is joined by legal experts and insiders, including hosts of MSNBC’s Main Justice [https://podcasts.apple.com/us/podcast/main-justice/id1679657705] podcast, Andrew Weissmann and Mary McCord. Visit msnbc.com [https://msnbc.com/] for more coverage.

Andrew and Mary begin this week by acknowledging that, as the Trump administration approaches its 100th day mark, some themes have materialized. One is intimidation, exemplified most recently with the arrest of Wisconsin state court judge Hannah Dugan last Friday, while Trump continues to clash with local authorities over his deportation efforts. Another theme is due process, or the lack of it. Our Main Justice hosts point to a litany of immigration issues front and center this week, including the wrongful deportation of US citizen children, Attorney General Pam Bondi’s March memo to law enforcement laying out how to implement the Alien Enemies Act, and what happened when the government was compelled to have a hearing in a Texas case: they fell flat on the merits. And before wrapping up, Andrew and Mary explain why Trump's media policy change, tossing out Biden era protections for journalists, is problematic for a free press. Further reading:  * Mary’s recent Op-ed in the Washington Post: What Alito got right in his El Salvador case dissent. [https://www.washingtonpost.com/opinions/2025/04/25/kilmar-deportations-due-process-alito-thomas/] * Pam Bondi’s March 14th memo issuing guidance for implementing the Alien Enemies Act. [https://s3.documentcloud.org/documents/25915967/doj-march-14-memo-alien-enemies-act.pdf] * Pam Bondi’s April 25th memo updating the policy regarding obtaining information from, or records of, members of the news media. [https://www.documentcloud.org/documents/25919660-bondi-memo-journalist-subpoenas/] A note to listeners: In the Abrego Garcia case, despite the earlier admission in court that his removal was a mistake, the government’s current position is that he a member of MS 13, which his lawyers deny. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.