Contrarians to SCOTUS: we got your class action right here
Publisher's Roundup 24
Friday’s landmark Roberts Court decision limiting nationwide injunctions in the context of the birthright citizenship cases was yet another of the compromises that it has carved out over the first five months of Trump’s second term. The Supreme Court curtailed the scope of the existing injunctions of President Donald Trump's grossly unconstitutional executive order purporting to choose which babies born here are citizens. Though I vehemently disagree with much in the opinion, we must not overlook that it left in place the injunctions as to the plaintiffs in the cases, and when the findings of unconstitutionality in these cases reach the Supreme Court, they will be upheld.
Moreover, the court opened the road to class actions as an alternative vehicle to achieve the same nationwide coverage. We at Democracy Defenders Fund, together with other wonderful colleagues, had one on file within hours. And by ‘colleagues,’ I include all of you Contrarians! As in dozens of other cases, your paid subscription supports this pro-democracy litigation. We will now be driving forward to protect the citizenship of every child born in this country, as the Constitution demands. And we will deal with the Court’s opinion by fighting twice as hard in the courts. Please join that fight by becoming a paid subscriber if you are not already one.
It's the most unique bargain in American journalism: Your paid subscription aids the fight to save democracy while supporting our fiercely independent, real-time coverage every day. In fact, the only other thing I did Friday afternoon besides read the opinion and work on the new case in the court of law was to go on The Contrarian live with Jen Rubin and Katie Phang to talk to all of you! You can find excerpts from our conversation right here:
Although we certainly take the strongest exception to the majority’s decision in the nationwide injunction case, it denies the Trump administration the full extent of its lawless and authoritarian worldview. Many in the mainstream media failed to grasp that nuance, falling for the president’s false declaration of total victory. But we explored all the dimensions of the decision, good, bad and ugly.
On the latter, it is worth noting that the Roberts Court had two chances to rule that universal injunctions are not permissible during the Biden administration, and it declined to do so on both occasions. Lest anyone still believes that the Roberts Court is committed to principle rather than politically motivated results, that fact should disabuse them of that notion. Indeed, the court’s decision rests on an interpretation of the Judiciary Act of 1789, which has certainly not changed between the Biden and Trump administrations.
Nevertheless, as we have seen throughout Trump 2.0, the court is not giving Trump the unfettered authoritarian victories he wants. If the administration had its way on ending birthright citizenship, we would see a chaotic landscape of cruelty with regard to millions of babies and their families across the country. Of course, we can’t have that. The executive order was unconstitutional when signed, has been found to be unconstitutional many times since then, remains unconstitutional today, and when the Supreme Court has the opportunity to rule on the constitutionality of the order itself, it will agree.
The last day of the SCOTUS term capped off what was another extraordinary week of coverage for us here at The Contrarian. I am always amazed when putting together this publisher’s note by the breadth and depth of our work. This week was no exception….
WAGING WAR FOR WHAT?
Jen Rubin began the week by taking on Donald Trump’s decision to order the bombing of three Iranian nuclear sites without authorization from Congress and without substantive consultation—and why Democrats cannot let his destabilizing gamble go unchecked. "The sheer number of unknowns and the potential for disastrous outcomes after Trump’s decision to enter the Israel-Iran war should underscore his recklessness. Americans have every reason to doubt that this White House and this Cabinet are remotely capable of managing whatever ensues."
Michael de Adder gave us a look at Trump’s decision-making on Iran going the same direction he’s leading the rest of us: downhill.
Words and Phrases We Could Do Without
In her latest look at the words and phrases that have worn out their political welcome, Jen set her sights on “regime change,” notions of which have always been misleading—and never more so than with the Trump administration’s current messaging on Iran. "You would have thought that after decades of foreign policy calamities and humiliation for the United States and its allies, 'regime change' would have lost its allure."
On the latest episode of Talking Feds, War Powers expert Rich Bernstein joined host Harry Litman to talk about last Saturday’s bombing of Iran, after which a round table of Jason Kander, Norman Ornstein, and Jacob Weisberg discussed what the domestic use of force in California means for the rest of the country.
The U.S. strikes on Iran hit their targets. The region won’t be so contained.
Brian O’Neill gave us a must-read analysis on how America’s air strikes on three nuclear sites in Iran have only just begun to set off shockwaves throughout the region, changing threat calculations and raising the specter of new power vacuums. "Iran might be the one reeling, but it is America—visibly and solely—that will be held responsible for the consequences, both intended and unanticipated."
Was the U.S. strike on Iran worth it? Brian O'Neill on the ongoing Iran-Israel conflict
On the heels of Trump’s hasty declaration of an Iran-Israel ceasefire, Brian O’Neill joined Jen to explain why we won’t know if Iran’s nuclear facilities were successfully destroyed for some time, the effects of the U.S. pulling out of the Joint Comprehensive Plan of Action (JCPOA), and why striking Iran was so unpopular with the American people. "Peace endures under one of two conditions: it's either total defeat or mutual deterrence."
The path now for eliminating nukes from Iran
Tom Malinowski broke down three dominant approaches to eliminating nuclear weapons from Iran: regime change, external supervision, and “mowing the grass.” Two routes could work and the third will almost certainly fail.
April Ryan and Rep. Meeks on the Executive's authority to wage war in Iran
In a special interview, April Ryan was joined by Representative Greg Meeks to discuss the president’s authority to wage war without Congressional approval, the ridiculous display that U.S. Defense Secretary Hegseth put on during his latest press conference, and the erosion of checks and balances against the Executive. "We've all taken oaths of office, not to an individual, but to a Constitution.”
It’s déjà vu all over again, forever war edition, in RJ Matson’s latest cartoon.
Military powers and Trump’s trust deficit
Josh Levs wrote on the “trust deficit” Trump has created with the majority of the American people—not to mention the rest of the world—and just how catastrophic this is when nuclear capabilities enter the conversation. “When the president can make military decisions alone, trust is everything…. The best leaders understand and respect this. Trump doesn’t."
Rep. Maggie Goodlander on Trump's Attack on Iran and the Dangers of an Irrelevant Congress
Congresswoman Maggie Goodlander joined Jen to discuss Congress’ “existential battle” to assert itself, how Trump misrepresents the international state of play, and the embarrassment that is Secretary of Defense Pete Hegseth. “There’s no good reason to leave Congress in the dark on this.”
It’s MAGA hats all the way down in Nick Anderson’s latest diagnosis of Trumpian messaging.
The Tea w/ April Ryan ft. Senator Alex Padilla and Rep. Sydney Kamlager-Dove
In this week’s piping hot cup of The Tea, April Ryan was joined by special guests Senator Alex Padilla and Rep. Sydney Kamlager-Dover. Watch the recording to see Senator Alex Padilla lay out what we know about Iran's nuclear setbacks—and what questions we still have to ask.
Seven satirical war films that are somehow less ridiculous than real life
Meredith Blake took Trump's dumber-than-fiction decision to bomb Iran as an opportunity to revisit classic political satires from Dr. Strangelove to In the Loop. Her picks feature strategic decision-making with all the bumbling absurdity of our current reality, but are significantly funnier.
TIK-TOK & OTHER TECH TRIBULATIONS
One person’s fight? No. We’re in this together.
Jacob Kovacs-Goodman of the Democracy Defenders Fund wrote on the implications of Trump’s executive orders to forestall the TikTok ban, which suggests that corporations—namely, big tech corporations—have license to pick and choose whether to comply with laws passed by the American people. “The real question,” he wrote, “is what we are going to do about it….It will take the efforts of the many to seize democracy back from the clutches of the few."
Ruben Bolling laid Elon Musk's AI misadventures bare in his latest cartoon.
Your Kids Are Online – Do They have the Tools to Avoid Falling into Rabbit Holes?
Christine German and her colleagues at PERIL introduced a new curriculum designed to teach kids to think critically about what they encounter online in a time when dangerous rabbit holes and paths to radicalization are more available than ever.
The GOP trusts Big Brother Donald in Michael de Adder’s latest.
WOMEN’S RIGHTS & WOMEN’S POWER
Adriana Smith and the ethics of indifference
Dara Kass, emergency physician and the founder of FemInEM, wrote on medical and moral tragedy created by the fetal personhood laws that have proliferated in a post-Dobbs America.
"If we care about our patients, families, and shared humanity, we must ensure this never happens again."
Three years after Dobbs, the state of women's health is dire
Jennifer Weiss-Wolf took the pulse of women’s reproductive rights three years after the Dobbs decision struck down Roe v. Wade and destabilized abortion protections nationwide. "The true depth of the national crisis is felt in real-life disruptions and degradations, even deaths, that too often go unreported."
Author and founder of Moms Demand Action Shannon Watts joined Jen Rubin to discuss the importance of women distinguishing between obligations and desires, and what it means to be a “fire starter.” "Men are socialized to fulfill their desires, and women are socialized to fulfill their obligations.”
The Supreme Court’s Planned Parenthood Decision Isn’t Just Bad for Health Care—It’s Bad Law
Leah Litman wrote on how the Supreme Court’s latest conservative justice-led decision is a two-in-one blow to health care availability and a fundamental civil rights statute. "The bottom line is that health care in this country, already difficult to access for many—especially for women, especially around reproductive health—is about to get even worse."
For better and sometimes for worse, Barbara Walters understood how power works
Culture columnist Meredith Blake recommended a new documentary about the legendary broadcaster Barbara Walters, which, by "highlight[ing] both her savvy and her unseemly connections," reveals a woman willing to do things “nice girls” would never consider — like interrupting Walter Cronkite or confronting Donald Trump about his chronic dishonesty back in 1990.
IMMIGRATION RAIDS & LOS ANGELES
ICE Raids Continue in L.A. Despite Community Opposition: Mayor Karen Bass on the State of the City
Los Angeles mayor Karen Bass joined Jen Rubin to discuss what is in store for Angelenos in the weeks ahead, as the city grapples with the continuing presence of troops and the immigrant community endures painful uncertainty." There is a blanket of fear. People are not going to work. People aren't patronizing businesses."
A silver lining in the Ninth Circuit Court decision on use of troops in Los Angeles
Austin Sarat wrote about the recent Ninth Circuit Court decision on the use of troops in L.A., which might have the significant upside of preventing Trump from invoking the Insurrection Act.
The Los Angeles Dodgers stood up to ICE. Will other franchises follow suit?
Carron J. Phillips reported on the standoff between ICE and the LA Dodgers, which recently announced that it had denied ICE agents entry to Dodger Stadium. With nearly 30 percent of players in Major League Baseball being immigrants, one might expect more efforts to protect this workforce.
The World Cup meets Trump's travel ban
Shalise Manza Young asked a question no one in the Trump administration wants to entertain: if the United States bans citizens from a quarter of the world’s countries from entering, what about the 2026 Soccer World Cup? A boycott might be in order, she wrote. “Sports can bring the world together, but this administration continues to show it has no interest in unity, only enmity.”
Offsides with Pablo Torre: Caitlin Clark, the Travelers Championship & The Dodgers' push against ICE
On this week’s Offsides, Pablo Torre and Jen discussed ICE's recent attempt to enter Dodger Stadium—and how the team is pushing back, plus Caitlin Clark and the Travelers Championship. “You don't need to be a political scientist to realize why [Dodger Stadium] is a useful target."
Don’t forget the human toll of immigration raids
Hope Ferris and Spencer Klein reported on the grim, inhumane scope of ICE’s indiscriminate raids, which can only be measured so far in financial and legal terms. “Beyond the economic cost of these deportations, each abduction leaves friends, family, and community members who have had a loved one ripped from their midst."
WHAT’S IN STORE FOR DEMOCRACY
The Contrarian covers the Democracy Movement
Wednesday: Singing protests, upcoming rallies, a reminder that every action counts, and more.
Thursday: Italians signal their frustration with the Bezos wedding, protests against ICE, planning for upcoming rallies, and more. Friday: People with disabilities protesting at Senate offices get arrested, protests against ICE, a Pride rally in Budapest, reminders on upcoming protests, and more.
Thoughts on the Big, Fascinating, Exciting Mamdani Upset!
Jared Bernstein gave his morning-after diagnosis of the shocking upset in the New York City Democratic mayoral primary, in which previously little-known 33-year-old state lawmaker Zohran Mamdani overtook old-guard-incarnate Andrew Cuomo. “The affordability crisis is real. Mamdani's offering solutions where others, including the president, not only have nothing, but are making it worse.”
Jen Rubin offered thoughts on how Democrats can start to look beyond the fire-fighting goals of reversing Trump’s legacy—and towards building consensus for a pro-democracy agenda reclaiming that which defines us. "Now is the time to set the stage for massive MAGA defeats and to craft a pro-democracy agenda for the future."
The “Goldene Medine,” Once Upon A Time
Marvin Kalb gave us a searing elegy to the rapidly fading American ideal—and thoughts on what it will take to restore it. "No longer does this 'promised land' burn with the dreams and hopes that my father, more than a hundred years ago, used to call the 'goldene medine,' Yiddish for the 'golden paradise.'
HOW BAD CAN TRUMP’S BIG UGLY BILL GET?
In her latest Undaunted column, Jen Rubin highlighted Senate parliamentarian Elizabeth MacDonough for her brave upholding of law this week against the onslaught of illegal policy change represented by the Trump Administration’s healthcare-slashing, regulation-destroying, judge-restricting budget bill. "In an atmosphere of lawlessness and capitulation, when it is so easy to say 'yes' to Trump’s whims, here is someone to stand up and say: 'Rules aren’t optional. They matter.’
The Senate GOP's budget bill is even worse than the House version
Jeff Nesbit broke down why the Senate’s budget reconciliation bill is not just a continuation of the House bill, but rather a dangerous escalation of the assault on American health care—putting millions of Americans at risk of losing health care coverage in exchange for permanent tax cuts for those making more than $400,000 a year.
Andrea Ducas of CAP joined Jen to discuss the inner workings of the budget bill only the GOP could love, why it would result in 50,000 additional deaths a year, and the MAGA lie that many people on Medicaid are either illegal immigrants or somehow “cheating the system.” "There's something terrible for everyone in this bill."
Congress needs to do everything it can to kill the Big, Brutish, Bill: Senator Mark Warner explains
On the advent of Senate Parliamentarian Elizabeth MacDonough’s Thursday decision to throw out cuts to Medicaid spending and reject attempts to limit coverage in Trump’s budget bill, Senator Mark Warner joins Jen to discuss the bill’s cruelty and what else can be done to stop it. "I don't want to be your damn conscience. I want you to vote your conscience!"
On this week’s Let’s Do Lunch Jared Bernstein was joined by Mark Zandi, Chief Economist at Moody, to answer your burning questions about all things economics.
How much debt are we willing to take on? Rep. Adam Smith and Jen in conversation
Congressman Adam Smith joined Jen to discuss the proposed increase to the debt ceiling by $5 trillion in the Big Brutish Bill, the lack of professionalism at the Department of Defense, and the need to protect the integrity of those serving in the military.
No one wants this: Rep. Jason Crow on Iran and MAGA cuts to SNAP
Jen was joined by Representative Jason Crow (D-CO) to discuss the deeply unpopular prospect of yet another war in the Middle East and the equally unpopular MAGA proposed cuts to Medicaid and SNAP benefits. "I would love somebody to tell me in this administration how they think sending kids to school hungry is good for any community."
CORRUPTION & CRONYISM WATCH
Trump’s Pick for the Third Circuit Is Clearly Unfit
Tom Joscelyn and I wrote on why Emil Bove’s tenure as acting deputy attorney general should disqualify him from serving as a federal judge. From his biased personal fealty to President Trump, to his literal “fuck you” attitude towards compliance with court orders that would impede ICE’s rampant deportations, Bove is dangerously unfit for office.
As DOJ Lawyers Face Alarming Pressure to be “Trump’s Lawyers,” Judges Are Sending Up Flares
Senator Sheldon Whitehouse explained how “Trump’s demand for fealty to him, rather than to the law, has broken DOJ.” Rather than staying committed to the rule of law, lawyers are being asked to toe the MAGA line.
Donald Trump’s man-made disaster
Max Stier wrote on the president's unilateral decision to dismantle FEMA: the latest in his unprecedented blitzkrieg on the domestic programs and services that safeguard Americans’ safety and wellbeing, threatening ever more lives and shaking the foundations of our democracy.
You can’t bargain with a compulsive deal breaker
In honor of Trump’s serial lies about Iran, Jen Rubin gave us an updated profile of Trump’s status as the world’s least trustworthy dealmaker and what it costs the U.S. at home and abroad.
"Constant reversals, betrayals, lies, and bullying risk isolating us from valuable allies and incentivizing our enemies to resort to hard power."
Elon Musk, Trump’s private citizen war lord?
Jeff Nesbit wrote on how a unilateral decision to provide satellite internet in Iran—made not by anyone in the U.S. government, but by Elon Musk—could change the dynamic in the Middle East.
Does Trump have any respect for the judicial system? Mary McCord on the National Guard and Emil Bove
Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP), spoke with Jen about Trump's disregard for the judicial system—and what comes next in the legal fight against the federalization of the National Guard. "He is getting away with it simply by doing it and racing so fast that the consequences and the courts can't keep up with him."
The news cycle may have moved on from Lee's callous behavior, but we will not forget how the senator used his platform to sow division and mock his own colleague amid intensifying political violence. Watch the lowlights reel that has earned him a spot in our Villains Hall of Fame.
New Jersey AG Matthew Platkin joins Jen to discuss the concrete effects of Trump’s efforts to intimidate judges who disagree with him, his abuses of power around ICE, and the cloud of fear hanging over public officials who oppose him. "We've been busy filing lawsuits because the President and his administration have been busy breaking the law."
GOOD VIBES
Mixed Berry Prosecco Sorbet & Cherry Prosecco Granità
Jamie Schler gifted us with a recipe to beat the heat—geopolitical and otherwise—in the form of a lightly boozy berry sorbet.
Of course, we have to include our Pet of the Week! Contrarian Contributor David Litt introduced us to Emily, an Asbury Park Shepard who, according to multiple peer-reviewed studies, is the best dog in the whole wide world.
Documentary Spotlight: Call Me Dancer
Meredith Blake introduced us to the documentary Call Me Dancer following a self-taught dancer from Mumbai over five years as he fights to earn a living. Throughout the film, he encounters numerous obstacles from injury to financial setbacks to COVID. Read her review and interview with one of the directors, Leslie Shampaine.
The power of unlikely friendship
David Litt gave us an excerpt from his newly-published memoir, which chronicles his time learning to surf with his truck-driving, Joe Rogan superfan brother-in-law and asks: just how hard is it to make friendships across political fault lines these days?
There you have it Contrarians– another week of coverage of all that is going on in our democracy. Please join us on Monday at 9:15 ET for Coffee with the Contrarians. We will see you then. Warmly, Norm
"Donald Trump is being sued in his official capacity..."
My favorite line.
I would really like to know what the hidden agenda is of the Supreme Court’s conservative six. I can’t imagine that legal professionals who have made it to the pinnacle of their profession would so blatantly seek to undermine the constitutional foundation of our rule of law without some, in their minds, a higher purpose. It would be nice to know where they think they are talking us.