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Here’s your Sunday morning wrap-up, so you can make sure you didn’t miss out on any of the past week’s columns. During a busy book-launch week, legal developments critical to our democracy didn’t stop. I enjoyed meeting so many of you at book events and look forward to seeing more of you in the coming weeks, but I remain committed to keeping you updated here.
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The Week Ahead: The week began with Trump’s petulant reactions to the No Kings protests and his renewed focus on invoking the Insurrection Act on the heels of a Seventh Circuit decision which declined to permit him to deploy troops to Chicago. We looked at key legal points in that decision and fact-checked Trump’s claims about how many presidents have invoked the Insurrection Act. We also checked in on the status of the courts during the government shutdown, developments in the Abrego Garcia case, expected motions in the Comey case, and my book tour for Giving Up Is Unforgivable.
The Feel Good You Need for a Monday: I shared some of your inspiring photos from the No Kings protests to remind us that we are Americans who care about democracy and that standing up for democracy can be fun.
Comey Moves to Dismiss: James Comey filed two motions to dismiss the indictment against him. We went in-depth to understand 1) the motion to dismiss due to selective and vindictive prosecution and 2) the motion to dismiss the indictment as “fatally flawed” because the appointment of Lindsay Halligan as U.S. Attorney in the Eastern District of Virginia violated the Appointments Clause and the statute authorizing appointments of interim U.S. Attorneys. We then looked into Halligan’s meritless allegations against Comey's attorney, Pat Fitzgerald.
Launch Day: Giving Up Is Unforgivable: The title says it all! Tuesday was launch day for my book. The book is about resilience—how we keep showing up for democracy, for each other, and for the values that matter most. If you’ve found Civil Discourse meaningful, I think this book will speak to you, too, and I hope you’ll read it and share it with friends.
Live with Allison Gill: I hope you’ll enjoy my chat with Allison Gill of The Breakdown. We discussed my book and this week’s legal developments.
Trump’s Power Grab is Headed for the Supreme Court: Trump wants to have the ability to deploy military troops on American streets, despite the history and tradition, to say nothing of the law, in this country, which reserves police powers to the states absent extraordinary circumstances. We looked at decisions on this issue in both the Seventh and Ninth Circuits and how two critical issues are ultimately headed for the Supreme Court: 1) the scope of presidential power to federalize and deploy National Guard troops, and 2) whether a president’s decision that such a move is merited is effectively unreviewable by the courts, as Trump alleges.
Coffee with the Contrarians: I started my day Friday with Jen Rubin and Norm Eisen, from The Contrarian, my favorite new media news source, and you can join us too in this video. We discussed the Supreme Court—including some inside baseball on how appellate review is supposed to work—the Portland National Guard lawsuit, and my book.
Five Questions with Doctors Peter Hotez and Michael Mann: The authors of Science Under Siege, a book about the forces behind the antiscience movement and a road map for fighting back, joined us Friday. We got the opportunity to hear from them about their views on anti-science and how their two disciplines, vaccinations and climate change, have become subject to the disinformation that is the hallmark of this era in American history.
The Latest From The Ninth Circuit: As the Ninth Circuit considers whether to vacate a panel decision that would let Trump deploy Oregon National Guard troops while litigation is underway, the administration got some bad news. After combing through the discovery provided by DOJ, Oregon advised the court DOJ had misrepresented critical facts to the court and the panel’s decision should be vacated. Allegations that it has been lied to are unlikely to sit well with the court.
These are complicated legal times, and it’s easy for the truth to get lost in the chaos. Civil Discourse doesn’t just track today’s headlines—it connects them to the legal and political history that explains why they matter. We won’t forget what’s at stake, or let Trump and his allies rewrite the past. You can subscribe to Civil Discourse for free and get clear analysis that helps you see the whole picture, delivered straight to your inbox. If you’re in a position to, your paid subscription helps me devote the time and resources it takes to write the newsletter. That means everyone has access to information they can share with friends and family—a constructive act we can all participate in right now, helping more Americans understand how critical this moment is.
We’re in this together,
Joyce