|
 |
Here’s the highlight reel of last week’s posts and events. Grab a cup of coffee and get ready to catch up on anything you missed—links to all of last week’s columns below.
 |
The Week Ahead: Sunday night brought plenty of developments to watch, many of them encouraging. We prepared for the coming week’s news about the Kennedy Center case; a new lawsuit aiming to protect polling places from ICE presence; Kash Patel’s testimony before the Senate Judiciary Committee; Trump’s efforts to prosecute his enemies; and preparing for the upcoming elections.
Coffee with Contrarians: Norman Eisen, Jennifer Rubin, and I discussed Judge Nichols’ decision in the mail voting case before him in DC. He went even further than Judge Talwani in Boston. That was just the first bit of good legal news we started the week with. It got even better.
A Day for Good Legal News: On Monday, the Supreme Court issued its 7-2 decision in the Boston mail voting cases. The Court held that states must continue using the existing procedures for the 2026 election, and that Trump’s Executive Order could not take effect. That’s an important protection for the midterm elections. If you missed this piece, we take a look at the Court’s short order; mostly Justice Alito’s dissent (joined by Justice Thomas), but there’s a disturbing, if brief, concurrence from Justice Kavanaugh that suggests he may flip sides down the road.
Some Things Speak for Themselves. Like When the President’s Son Lets a Russian Oligarch Pay for His Wedding Party: Imagine Hunter Biden letting an associate of Putin’s pay for his wedding, or one of Obama’s daughters doing the same. The scandal would be through the roof. But that’s exactly what Donald Trump Jr. did. It’s glaring corruption and a danger to national security, a story we cannot afford to be a one-day wonder. Read here for what we know about this situation so far.
Another Loss for Trump: The Kennedy Center: On Tuesday, Judge Christopher Cooper blocked the Kennedy Center’s Board of Trustees from returning Trump’s name to the building. We went through what happened, why it matters, and what comes next, and also touched base on the other legal happenings of the day.
Substack Live for Constitution Day: Jesse Wegman joined us live to discuss his book on James Wilson, the “lost” Founding Father. I thoroughly enjoyed our conversation.
“My Patience is at an End”: When Judges Won’t Take the Government’s Word for It: Federal district judges across the country are stepping in to block executive branch overreach, notably ordering discovery into threatened demolitions at the Kennedy Center and issuing preliminary injunctions against ICE for illegally intimidating political critics. Led by figures like Judge Patrick Schiltz, these judges are treating widespread government noncompliance as a direct threat to the rule of law. Will SCOTUS also take its role as a check and balance seriously? If you missed this one earlier in the week, take a few minutes to get up to speed now.
Katie Phang is a Badass: Katie joined us to discuss the most recent court orders in the lawsuit she brought to enforce the Epstein Files Transparency Act. She’s optimistic about what comes next in a case designed to make the lawyers follow the law.
Five Questions with Joshua Kolb: When they were arrested after the British government demanded their extradition, we briefly touched on the story of the Tate brothers, who are accused, among other things, in both Britain and Romania of sex trafficking women, sex with minors, and money laundering. Joshua explains the proceedings and the suggestion that the Tates have strong connections to the Trump family.
It’s A Nice First Amendment You’ve Got There…: Trump has banned Politico, CNN, and MS Now from the White House. That’s illegal. It violates the First Amendment and the Fifth Amendment’s due process guarantee. We trace both the response to what the President did and the law, in preparation for the lawsuits that will be filed, perhaps even before this edition of the newsletter makes its way to you, if the President doesn’t TACO. This is another must read piece if you missed it.
These are complicated legal times. It’s easy for the truth to get lost in the chaos. Here at Civil Discourse, our goal is to do more than just track headlines. We connect them to the legal precedent and political context that explains why they matter. We don’t forget what’s at stake. We don’t let Trump and his allies rewrite the past.
If you don’t already, subscribe and get analysis based on my 25 years at the Justice Department that will help you see the whole picture and decide for yourself what it means. Your paid subscriptions help me keep the newsletter available for free and give me the time and resources necessary to research and write it.
We’re in this together,
Joyce