It’s a Great Year for Lawyers – “The Sunday Political Brunch” - March 23, 2025

It’s a Great Year for Lawyers – “The Sunday Political Brunch” - March 23, 2025

I have written often recently about all the legal battles going on involving President Donald Trump’s administration, especially his executive orders. There are new developments in many of them, but there is also a new twist raising eyebrows about the separation of powers and other constitutional issues. Let’s “brunch” on that this week.

 

“He Said What???” – The latest battle is like peeling an onion as it has many layers. President Trump made it a top priority to seal the Southern Border and return criminal migrants to their home countries. To that end, the administration has sent chartered flights full of migrants, out of the U.S. But last week, Federal Judge James Boasberg, hearing an objection to the case, verbally told Justice Department lawyers that "any plane containing these folks… needs to be returned to the United States." This was just before 7 p.m. Eastern Time, but at that hour, two flights were already in the air and outside U.S. airspace, according to the White House. Can a federal judge issue an order to make a president do anything, or does that violate the separation of powers? The president considers the border breaches as an invasion and is acting in his Constitutional role as Commander-in-Chief to enlist the military to help stop it. Complicating this, the judge issued an oral order (perhaps before the planes took off), and then memorialized it in writing later (perhaps after the planes were out of U.S. jurisdiction).

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“The Legal Tit-for-Tat!” –  Judge Boasberg continued this case by ordering the Trump White House to turn over more information on the flights, including their exact departure times from the U.S. and their landing times abroad. "Why are you showing up today without answers?" Boasberg asked White House lawyers on Monday, but they cited secrecy as a matter of “national security.” Trump went so far as to call for the impeachment of Judge Boasberg, calling him a “troublemaker and agitator.” Chief Justice John Roberts issued a rare statement rebuking Trump saying, “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.” Roberts added. “The normal appellate review process exists for that purpose.” And Roberts is correct. The next stop is the Circuit Court of Appeals for Washington, DC, and then likely the Supreme Court. My gut says Trump will win the separation of powers issue if he can successfully argue a judge can’t supersede his authority as Commander-in-Chief.

 

“Also, in the Courts This Week” – There are now more than 160 lawsuits over Trump’s agenda and executive orders. The billable hours on both sides are probably going to make some lawyers wealthy, and I bet more cases will be filed. In January, Trump issued an executive action banning any transgender person from serving in the U.S. military. Federal Judge Ana Reyes on Tuesday issued a nationwide preliminary injunction in a case filed by GLAD Law (Gay and Lesbian Advocates and Defenders) and the National Center for Lesbian Rights. So, for now, an estimated four thousand transgender service members can stay in the military until the courts can hear the case and the certain appeals. Gays and lesbians are already protected in the service, and I bet the courts will rule against Trump on the transgender policy. The benchmark for everyone is: are they physically and mentally capable of doing their jobs to defend the nation? If the answer is yes - short of any policy or criminal violations – they will be allowed to serve. But as with the other cases, I believe the Supreme Court will ultimately decide. In another case, a federal judge has temporarily blocked DOGE, (the Department of Government Efficiency), from accessing people’s personal data at the Social Security Administration. DOGE has ten staffers at the SSA.

 

“A Legal Education” – Also, this past week, President Trump signed an executive order to dismantle and close the U.S. Department of Education and return all its authority back to the states. Trump has long argued the agency had a bloated budget with thousands of employees, doing with what is best handled on the local level. But, as with so many of these issues, the Department of Education was approved and funded by Congress in 1979 at the behest of then-President Jimmy Carter. It’s going to be a question, (and a likely legal challenge), about Trump potentially usurping an act of Congress. Former WWE pro wrestling executive, and now Education Secretary Linda McMahon, is in charge of dismantling the agency.

 

“Bondi on Tesla Attacks” – It may be the weirdest political protest I’ve ever seen. Many Tesla cars have been vandalized across the nation in recent weeks, and gunshots were even fired at a Tesla dealership. Tesla’s founder is none other than Trump advisor Elon Musk, and some people concerned about his policy recommendations to Trump are angry. Attorney General Pam Bondi issued a statement saying, "The days of committing crimes without consequence have ended." Bondi added, "Let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars." Meanwhile, Tesla sales in the U.S. are down 4 percent in the first quarter of 2025, and its stock is down 30 percent. So far, three people in three states, have been arrested for anti-Tesla-related crimes.

 

“Democrats in Distress” – The backlash continues against Minority Leader Sen. Chuck Schumer (D) New York, after he and nine other Democrats voted with Republicans to keep the government running and funded for six more months. Many Democrats are now calling for Schumer’s head. “Gen Z voters want leaders with a backbone who will stand up to billionaires and fight for working people. But it’s not just us. You have lost the trust of millions of voters and many of your colleagues in Congress,” said a joint statement from four progressive groups, including the College Democrats of America. Schumer said, “We had an awful choice.” He added a shutdown would be chaotic saying, “In a shutdown, the whole government shuts down, and then the executive branch solely determines what is — quote — "essential" and what is not essential. So, they could say on day two of the shutdown, SNAP, food for kids, not essential. On day four, no transit funds, mass transit or other, are essential.” 

 

“Presidential Bracketology” – We are in college basketball’s “March Madness” with millions of Americans like me, filling out their brackets and trying to predict the national champions. It’s an annual ritual I love, since my three schools, Marquette, Florida, and Saint Mary’s are all in! So, I had to chuckle this week when CNN issued its “2028 Presidential Bracket” to handicap 16 Democrats and 16 Republicans as potential White House candidates in the next election. For now, Vice President JD Vance is seeded first among Republicans, and former Vice President Kamala Harris is listed number-one among Democrats. Certainly, a lot can change in the next four years. Gov. Gavin Newsom (D) California, and Gov. Ron DeSantis (R) Florida are also ranked high in the brackets. By the way, I picked my Florida Gators to with the NCAA title!