Author name: Pema Levy

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Trump Asks the Supreme Court for a “Catch Me if You Can” System of Justice

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Not even a year ago, though it feels like a decade, the US Supreme Court granted presidents immunity from criminal laws when they act in their official capacity. In other words, presidents don’t have to worry about breaking the law, as they will never be held to account. On Thursday, the Trump administration was back […]

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To End Birthright Citizenship, Trump Is Rewriting Civil War History

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When the Trump administration asks the Supreme Court on Thursday to allow it to deny birthright citizenship to the children of undocumented immigrants and visa holders, its legal theory will rest on a reinterpretation of a critical phrase of the Constitution. But when you plug their preferred meaning back into the historical context in which […]

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Will the Supreme Court Let Trump Target Babies for the “Sins of the Parents”?

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In 2022, Florida Republicans enacted the Stop WOKE Act, which sought to remove from school curriculums any lessons that might cause students to feel “discomfort,” “guilt,” or any other “psychological distress” because of their race. It went without saying that the legislation’s authors were referring to white students who might experience a sad feeling because […]

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The Supreme Court Is Really “Just Vibes”

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In Donald Trump’s second term, a familiar pattern is emerging: the president does something illegal, someone sues to stop him, and eventually the Supreme Court decides the case. From which agencies Trump can effectively shutter, to which agency heads he can depose, to whether or not he can disappear people into a Salvadoran gulag or […]

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The Legal Theory Behind Trump’s Power Grabs

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It all started with Richard Nixon. It was the summer of 1974, and Watergate was closing in on his presidency. A grand jury had subpoenaed secret recordings of Nixon and his aides that would show the president had been involved in the criminal conspiracy. A judge had ordered Nixon to honor the subpoena. The president’s […]

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The Supreme Court Is About to Let Religion Ruin Public Education

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In modern America, religious education is offered in private schools or in a homeschooling setting. Public education, by contrast, is secular, because the government is not in the business of sponsoring religious indoctrination. But in two cases the Supreme Court heard over roughly the last week, the justices appear ready to throw out public education […]

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The Supreme Court Is Trying to Normalize Its Own Anti-LGBTQ Animus

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On Tuesday, a group of religious parents had their day at the Supreme Court, hoping the justices would grant them something extraordinary: the ability to pull their kids out of a classroom whenever instruction verges into territory that contradicts their religious beliefs. Based on the justices’ responses in oral arguments, those parents are very likely […]

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A Conservative Judge Just Issued a Dire Warning About the Abrego Garcia Case

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A conservative federal judge just issued a dire warning: The government must bring Kilmar Abrego Garcia back to the United States after he was illegally deported to a brutal Salvadoran prison, or else the country will descend into lawlessness. The opinion, from the 4th Circuit’s J. Harvie Wilkinson III and joined by two colleagues, is […]

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Trump Refuses to Bring Back Those Wrongly Detained in El Salvador. You Could Be Next.

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At any moment, the Supreme Court will issue a decision in the case of Kilmar Abrego Garcia, a Maryland man whom the Trump administration admits it deported to a notorious Salvadoran mega prison due to “administrative error.” The ruling could pose a make or break moment, not just for the life of Abrego Garcia, but […]

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