Big news: A federal judge just ruled that President Trump’s renditions under the 1798 Alien Enemies Act are illegal, a big blow to Trump’s lawlessness. Meanwhile, Stephen Miller ranted wildly at the media for daring to ask hard questions about the wrongfully deported Kilmar Abrego Garcia, falsely stating as fact that he’s an “MS-13 terrorist” and raging at the very idea that migrants he labels “terrorists” should get due process. It’s a clear sign of Trump and Miller’s certainty that they can label anyone a “terrorist” by fiat and thus get away with literally anything. We talked to the great legal commentator Leah Litman, author of Lawless, a new book about the Supreme Court. She explains why the ruling suggests the courts may not give Trump the deference he’d hoped for as commander in chief to label people “terrorists” and “invaders” in service of his illegal renditions—and why Miller’s project may be in the process of seriously overreaching. Listen to this episode here.
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