Courting the Courts for Clout – “The Sunday Political Brunch” - February 23, 2025
Mark Curtis, MINDSETTER™
Courting the Courts for Clout – “The Sunday Political Brunch” - February 23, 2025
As I have been predicting for weeks, the federal court fights over the Trump executive orders are really ramping up. He has at least one clear win from the past week, one loss, and a couple of toss-ups, but appeals could change everything. Let’s “brunch” on that and all the other political news of the week.
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“Birthright Gets Right Up” – Even though President Donald Trump issued an executive order spelling the end of “birthright citizenship” under the 14th Amendment to the Constitution, four federal judges have now ruled the ban unconstitutional. The attorneys general from 18 states filed that case, calling Trump’s move a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.” Trump plans to challenge the ruling in Maryland to the 4th District Court of Appeals in Richmond, Virginia. I fully expect it to go to the U.S. Supreme Court, where I have predicted a 9-0 ruling against Trump’s order. The high court’s term ends June 30th, but I bet this makes the docket before then.
“You’re Fired!” – Trump’s famous line from “The Apprentice” TV series is in play again. For now, at least, a federal judge has ruled that Trump’s order to have Elon Musk fire thousands of federal workers, including USAID employees, could continue to be carried out, under the Department of Government Efficiency, or DOGE program. But she cautioned that could change. In her decision, Judge Tanya Chutkan wrote that the states "legitimately call into question what appears to be the unchecked authority of an unelected individual and an entity that was not created by Congress and over which it has no oversight." Meanwhile, the financial markets reflected concerns over spending cuts, tariffs, and potential inflation with the Dow Jones closing down more than 740 points on Friday.
“FYI on DEI” – Early in the week, a federal judge in Baltimore gave Trump a temporary win in his efforts to remove DEI, or diversity, equity, and inclusion programs, from the federal workplace. Judge Adam Abelson said he was “not in a position to rule at this time.” The case was brought by Baltimore Mayor Brandon Scott who called Trump’s actions a “brazenly political attack.” Mayor Scott argued in court that Trump’s two executive orders on DEI hiring practices exceed presidential authority while excluding the role of Congress in funding DEI policies. I think this will be a common theme in many of the challenges to Trump, that Congress has the “power of the purse” when it comes to approving and funding federal policy. By late Friday, the judge temporarily blocked Trump’s ban on DEI, pending more appeals. This case is likely to proceed like a tennis match!
“The Name Game is the Same Game” – The war of words between the Mexican and U.S. governments is heating up even more. It wasn’t just President Trump issuing an executive order renaming the Gulf of Mexico as the Gulf of America. Google jumped on board renaming the body of water on Google Maps. Mexican President Claudia Sheinbaum said Donald Trump’s order to rename it only applies to the part of the continental shelf under US control, which runs 22 miles out from shore. Sheinbaum said, “We do not agree with this, and the Foreign Minister (of Mexico) has sent a new letter addressing the issue.” Mexico is awaiting a response from Google before it proceeds with legal action. The U.S. has roughly 1,626 miles of coastal border on the Gulf, while Mexico has 1,743 miles. But, the border length is not part of the naming rights. In fact, there is no formal agency to name locations, but the International Hydrographic Organization tries to come up with standards everyone can agree upon. Cuba is the only other nation that has a gulf border.
“Can Mexico Really Sue?” – There are questions about what legal standing Mexico would have in the U.S. Court system. Google can call anything whatever it wants! It’s a free speech issue, perhaps a silly one, but it’s free speech. Complicating that matter is that Google can actually subdivide by audience. People in the U.S. see Gulf of America, while people in Mexico see Gulf of Mexico on Google Maps. So where is the harm? Can Mexico claim it hurts its economy, or that this amounts to restraint of trade? I think both arguments are a real stretch. I mean if Burger King comes out with a double-decker burger and calls it a Big Mac, then you have a clear copyright infringement case. The Gulf name fight is not a parallel example! I can’t wait to hear what a court says!
“Mitch to Miss Reelection” – This week he confirmed something I’ve known privately for months. Sen. Mitch McConnell (R) Kentucky will not seek an eighth term in 2026. Since I used to cover Kentucky politics, a well-informed source told me at least six months ago, that McConnell would not run again. He is the longest-serving Republican leader in Senate history, having been majority or minority leader for most of the past two decades. He is still in office until January 3, 2027, so you can expect him to be more of a thorn in the side of his Republican rival Trump, with “no" votes on key Trump nominees and initiatives. The two men can barely sit in the same room. Still, on Thursday McConnell joined with 50 other Republicans to approve Kash Patel, Trump’s nominee for FBI Director.
“Putin on the Ritz” – Perhaps this week’s craziest political story is the war of words between President Trump and Ukraine President Volodymyr Zelensky. The U.S. has sent Ukraine $350 billion in foreign and military aid which Trump has promised to end. Trump and Russian President Vladimir Putin are trying to negotiate an end to the war, while Zelensky and key European leaders are excluded from the talks. Trump on Wednesday called Zelensky a “dictator” doing a “terrible job.” Zelensky accused Trump of colluding with Russia, saying that Trump was inhabiting a “Russian-made disinformation space” regarding the war in Ukraine. I imagine this will get even more ugly in the days ahead. Even former Vice President Mike Pence chastised his ex-boss saying, “Mr. President, Ukraine did not ‘start’ this war. Russia launched an unprovoked and brutal invasion claiming hundreds of thousands of lives.” Pence added, “The Road to Peace must be built on the Truth.”
“Out with the Old; In with the New” – Last week, I reported about how the Associated Press, AP, had been kicked out of White House media briefings and press scrums aboard Air Force One over the Gulf of America naming dispute. On Thursday, the White House press secretary welcomed the head of news at X to take the open spot in the briefing room. There will be outcries because Elon Musk owns X, which was formerly known as Twitter. In truth, this is more about journalism than nepotism. More people are simply getting their news alerts and story links on X these days, while the AP is kind of a dinosaur among past news leaders. I still want AP to have White House access (and elsewhere), but this reflects a real changing of the guard in news. By weeks end, AP sued the White House claiming a First Amendment violation. Another court fight looms!