The Dictatorship
Judges look to history in Trump cases
Welcome back, Deadline: Legal Newsletter readers. If you’re at least a casual news consumer, you’ve probably seen a rash of retrospectives on the first 100 days of Donald Trump’s second term. I contributed to the genre here. This week’s newsletter continues along that reflective theme, looking at how judges are invoking American history to help us understand the moment we’re in.
The Red Scare in the 1920s and McCarthyism in the 1950s featured in a ruling ordering the release of Mohsen Mahdawi on Wednesday. The legal U.S. resident was seized by immigration agents at his citizenship interview last month in Vermont. He argued that he was targeted for exercising his right to speak out for Palestinians. U.S. District Judge Geoffrey Crawford seemed to agree, finding that his continued detention would likely have a “chilling effect” on protected speech.
The judge also marked the moment by noting “the extraordinary setting of this case and others like it.” He observed that legal residents who haven’t been charged with any crimes are being threatened with deportation for stating their views on political issues of the day. Against that backdrop, Crawford summoned the anti-communist Red Scare and McCarthyism panics of the last century. “The wheel of history has come around again,” the Obama-appointed judge wrote“but as before these times of excess will pass.”
To be sure, it’s been a bipartisan judicial affair calling out this administration. Crawford’s ruling reminded me of last month’s lesson from Reagan-appointed appellate Judge J. Harvie Wilkinson III. Lamenting the government’s resistance to returning the illegally deported Kilmar Abrego Garcia, Wilkinson wrote that “[t]he Executive may succeed for a time in weakening the courts, but over time history will script the tragic gap between what was and all that might have been, and law in time will sign its epitaph.” The government is still resisting Abrego Garcia’s return.
This week, another Reagan appointee zoomed out to rebuke claims “from both inside and outside government” that the courts are causing a constitutional crisis by usurping Trump’s power. U.S. District Judge Royce Lamberth ordered the government to disburse congressionally approved funds to pro-democracy nonprofit Radio Free Europe. In doing so, the judge wrote that he was “humbly fulfilling my small part in this very constitutional paradigm — a framework that has propelled the United States to heights of greatness, liberty and prosperity unparalleled in the history of the world for nearly 250 years.” Lamberth concluded that “[i]f our nation is to thrive for another 250 years, each co-equal branch of government must be willing to courageously exert the authority entrusted to it by our Founders.”
Justice Ketanji Brown Jackson joined the historical conversation in remarks to a judicial conference in Puerto Rico. Blue Light News reported that she condemned attacks on judges who have ruled against the administration. The Biden appointee reportedly encouraged judges to be courageous and “keep doing what is right for our country, and I do believe that history will vindicate your service.”
Jackson and her high court colleagues wrapped up the term’s regularly scheduled arguments this week. Among them was a case that could make history because at stake is whether the justices will approve the nation’s first-ever publicly funded religious charter school. While Justice Amy Coney Barrett’s recusal from the appeal could make the vote closer, the remaining Republican appointees were largely sympathetic to the school, which the Trump administration backs. It could come down to Chief Justice John Roberts’ vote.
The Supreme Court’s next hearing is a rare one over Trump’s quest to curb birthright citizenshipset for a special May 15 session. Besides that, the justices are busy writing their final opinions of the term, which are typically published by July. In the meantime, they’re frequently fielding emergency litigation that could produce orders at odd hours, including on the administration’s pending appeal to Enforce a ban on transgender military service. The administration added yet another emergency request on Friday, seeking permission for Elon Musk’s Department of Government Efficiency to access Social Security data.
Have any questions or comments for me? Please submit them on this form for a chance to be featured in the Deadline: Legal blog and newsletter.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
The Dictatorship
Federal court rules against new global tariffs Trump imposed
WASHINGTON (AP) — A federal court ruled Thursday against the new global tariffs that President Donald Trump imposed after a stinging loss at the Supreme Court.
A split three-judge panel of the Court of International Trade in New York found the 10% global tariffs were illegal after small businesses sued.
The court ruled 2-1 that Trump overstepped the tariff power that Congress had allowed the president under the law. The tariffs are “invalid″ and “unauthorized by law,” the majority wrote.
The third judge on the panel found the law allows the president more leeway on tariffs.
If the administration appeals Thursday’s decision, as expected, it would first turn to the U.S. Court of Appeals for the Federal Circuit, based in Washington, and then, potentially, the Supreme Court.
At issue are temporary 10% worldwide tariffs the Trump administration imposed after the Supreme Court in February struck down even broader double-digit tariffs the president had imposed last year on almost every country on Earth. The new tariffs, invoked under Section 122 of the Trade Act of 1974, were set to expire July 24.
The court’s decision directly blocked the collection of tariffs from three plaintiffs — the state of Washington and two businesses, spice company Burlap & Barrel and toy company Basic Fun! “It’s not clear’’ whether other businesses would have to continue to pay the tariffs, said Jeffrey Schwab, director of litigation at the libertarian Liberty Justice Center, which represented the two companies.
“We fought back today and we won, and we’re extremely excited,” Jay Foreman, CEO of Basic Fun!, told reporters Thursday.
The ruling marked another legal setback for the Trump administration, which has attempted to shield the U.S. economy behind a wall of import taxes. Last year, Trump invoked the 1977 International Emergency Economic Powers Act (IEEPA) to declare the nation’s longstanding trade deficit a national emergency, justifying sweeping global tariffs.
The Supreme Court ruled Feb. 28 that IEEPA did not authorize the tariffs. The U.S. Constitution gives Congress the power to establish taxes, including tariffs, though lawmakers can delegate tariff power to the president.
Dave Townsend, a trade lawyer at Dorsey & Whitney, said the ruling will open the door for more companies to request that the tariffs be thrown out and that any payments they’ve made be refunded.
“Other importers likely will now ask for a broader remedy that applies to more companies,” Townsend said, though he cautioned the case could also reach the Supreme Court.
Trump is already taking steps to replace the tariffs that were struck down by the Supreme Court in January. The administration is conducting two investigations that could end in more tariffs.
The Office of the U.S. Trade Representative is looking into whether 16 U.S. trading partners — including China, the European Union and Japan — are overproducing goods, driving down prices and putting U.S. manufacturers at a disadvantage. It is also investigating whether 60 economies — from Nigeria to Norway and accounting for 99% of U.S. imports — do enough to prohibit the trade in products created by forced labor.
The Dictatorship
Trump says EU has until July 4 to approve trade deal
WASHINGTON (AP) — President Donald Trump said in a Thursday social media post that goods from the European Union would face higher tariff rates if the 27-member bloc fails to approve last year’s trade framework by July 4.
The announcement appeared to be a deadline extension after the president said last Friday that EU autos would face a higher 25% tariff starting this week. Trump made the updated announcement after what he described as a “great call” with European Commission President Ursula von der Leyen.
Still, the U.S. president was displeased that the European Parliament had yet to finalize the trade arrangement reached last year, which was further complicated in February by the U.S. Supreme Court ruling that Trump lacked the legal authority to declare an economic emergency to impose the initial tariffs used to pressure the EU into talks.
“A promise was made that the EU would deliver their side of the Deal and, as per Agreement, cut their Tariffs to ZERO!” Trump posted. “I agreed to give her until our Country’s 250th Birthday or, unfortunately, their Tariffs would immediately jump to much higher levels.”
It was unclear from the post whether Trump was implying that the tariff rates would jump on all EU goods or the increase would only apply to autos.
His latest statement indicates he might be backing away from his earlier threat on EU autos by giving the European Parliament several more weeks to approve the agreement.
Under the original terms of the framework, the U.S. would charge a 15% tax on most goods imported from the EU.
But since the Supreme Court ruling, the administration has levied a 10% tariff while investigating trade imbalances and national security issues, aiming to put in new tariffs to make up for lost revenues.
The Dictatorship
In the wake of the Virginia ruling, where does the national redistricting arms race stand?
In Virginia, a majority of the House of Delegates voted to approve a new congressional district map that was designed to help Democrats add as many as four seats in the U.S. House. A majority of the state Senate agreed, as did the commonwealth’s popularly elected governor. The issue then went to the people of Virginia, and a majority of voters backed the redistricting initiative, too.
A majority of the Virginia Supreme Court, however, rejected the plan anyway. MS NOW reported:
The Virginia Supreme Court on Friday struck down a voter-approved congressional redistricting plan, ruling that Democrats violated constitutional procedures when placing the referendum on the ballot for last month’s special election. […]
In its 4-3 decision, the court on Friday found that the process used to place the amendment on the ballot did not comply with Virginia’s constitutional rules governing how such proposals must be approved by the legislature before being presented to voters. As a result, the justices upheld a lower court ruling that blocks the amendment from being certified and implemented.
For Democratic efforts on the national level, the ruling is an unexpected gut punch, especially given the fact that after Virginia voters approved the overhauled map last month, it appeared that Democrats would be able to keep pace with the GOP as part of the broader redistricting fight.
What’s more, the state Supreme Court ruling comes on the heels of a similarly brutal blow after Republican-appointed U.S. Supreme Court justices gutted the Voting Rights Act, which opened the door even further to an intensified Republican effort to erase majority-Black congressional districts in the South.
Given all of this, it’s easy to imagine many Americans responding to the head-spinning developments with a simple question: “So where do things stand now?”
Before we dig in on that, it’s worth pausing to acknowledge the absurdity of the circumstances. For generations, states redrew congressional district lines after the decennial census. There were limited exceptions, but in nearly all of those instances, mid-decade redistricting only happened when courts told states that their maps were unlawful and needed to be redone.
The idea that politicians would simply choose to start redrawing maps, in the middle of a decade, in pursuit of partisan advantages, was practically unheard of.
Last year, however, Donald Trump, fearing the results of the 2026 midterm elections and the possible accountability that would result from Democratic victories, decided that the American model needed to be discarded. It was time, the president said, to pursue what one White House official described as a campaign of “maximum warfare” in which Republican officials in key states would embrace gerrymandering without regard for fairness, norms, traditions or propriety.
The goal was simple: Deliver Republican victories in congressional races long before Americans had a chance to cast their ballots.
The result was an arms race that’s still going on — and here’s where things stand.

Texas: Republicans in the Lone Star State got the ball rolling last summer, acting at Trump’s behest and approving a map designed to give Republicans five additional U.S. House seats. It touched off the national arms race.
California: Responding to Texas, Democratic officials in the Golden State, as well as the state’s voters, approved a map of their own designed to give Democrats five additional U.S. House seats.
Missouri: In September, state Republicans approved a map designed to give the GOP one additional seat.
North Carolina: In October, state Republicans approved a map designed to give Republicans one additional seat.
Ohio: While the redistricting effort in the Buckeye State wasn’t as brazen as it was elsewhere, Ohio’s new map diluted two Democratic-held districts, creating GOP pickup opportunities.
Utah: A state court approved a new map that will likely give Democrats one additional seat.
Florida: Just this week, Republicans completed the process on a new map designed to give Republicans as many as four additional seats.
Tennessee: Also this week, Republicans approved a new map designed to give Republicans one additional seat, taking advantage of the U.S. Supreme Court’s ruling.
Louisiana: While the newly redrawn map in the Pelican State hasn’t been formally unveiled, it will reportedly add one additional Republican seat.
Alabama: Republicans are currently moving forward with plans for a map that would give Republicans two more seats.
It’s important to emphasize that some of these maps are currently facing legal challenges, while others are still taking shape. Most of these maps would take effect during this year’s election cycle, but there’s still some uncertainty surrounding the implementation date in some states.
Nevertheless, the Virginia map that enjoyed popular public support was prepared to help mitigate an unprecedented Republican abuse. The state Supreme Court in the commonwealth appears to have removed that option.
After Virginia voters had their say, many GOP officials questioned whether the entire gerrymandering gambit had been a waste of time and effort. In the aftermath of two highly controversial court rulings, Republicans are suddenly feeling a lot better about the whole scheme.
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