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THE DAILY BLAST with Greg Sargent

Raging Trump Suddenly Facing Worsening Legal Losses on Many Key Fronts

THE DAILY BLAST with Greg Sargent

The New Republic

News, Politics

4.4 • 800 Ratings

🗓️ 8 September 2025

⏱️ 18 minutes

🧾️ Download transcript

Summary

President Donald Trump’s losses in court are suddenly piling up on many crucial fronts at once. Most of his tariffs were just ruled illegal, prompting him to explode in fury. An appeals court blocked Trump’s use of the Alien Enemies Act for deportations. And a judge invalidated Trump’s cancellation of grants to Harvard. There’s a big through line here that deserves attention: Judges are taking a very hard line on Trump’s use of pretexts to justify his illegal actions, on many of the issues where his abuses of power are most flagrant. But what happens when all this collides with the highest court in the land? We talked to Michigan University law professor Leah Litman, author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. She explains why Trump’s manufacturing of pretexts is central to his consolidation of authoritarian power, why it’s temporarily heartening that he’s facing many setbacks in these areas, and what it will look like once it all goes to the high court. Looking for More from the DSR Network? Click Here: https://linktr.ee/deepstateradio Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

This is the Daily Blast from the New Republic, produced and presented by the DSR Network.

0:16.5

I'm your host, Greg Sargent.

0:31.3

Suddenly, President Donald Trump's losses in court are really piling up on many fronts.

0:39.7

In just the last week or so, Trump's use of the Alien Enemies Act for deportations has been blocked in court. Most of his tariffs were ruled illegal, and the judge also invalidated Trump's cancellation of grants to Harvard.

0:46.5

We think there's a throughline here that deserves attention. It's that judges are taking a very

0:51.7

hard line on Trump's use of pretexts to justify his illegal

0:55.8

actions. And that's critical because that use of pretexts, often incredibly absurd ones,

1:02.8

is essential to Trump's effort to consolidate authoritarian power. But what happens when all

1:08.5

this collides with the Supreme Court?

1:22.5

Michigan University law professor Leah Lippman wrote a book on the Supreme Court that's aptly titled, Lawless, How the Supreme Court Runs on Conservative Grievance, Fringe theories, and Bad Bibes.

1:25.4

So she's pretty well suited to explain all this to us.

1:27.1

Leah, thanks for coming on. Thanks for having me.

1:28.9

So, Leah, all these losses are pretty big, but I want to start with the Alien Enemies Act

1:33.4

decision because it really encapsulates the worst ways Trump is abusing power. Trump has claimed

1:39.4

the power under the AEA to deport Venezuelans by insisting that their presence here constitutes an invasion

1:46.2

or predatory incursion by a hostile foreign power, which AEA requires.

1:51.5

U.S. Court of Appeals for the Fifth Circuit struck this down pretty sharply, concluding that

1:56.3

an invasion or predatory incursion has not occurred on the facts. What was your takeaway from that?

2:02.5

I think it's a really significant loss. I mean, one thing is it happened in the U.S.

2:06.5

Court of Appeals for the Fifth Circuit, one of the most conservative courts in the country.

2:10.3

It was a majority opinion written by a Republican appointee. And as you say, this is one of his most abusive and I think chilling exercises of authority,

2:22.4

summarily expelling people to a foreign torture prison where they experienced severe abuse and

...

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