This was the week that the Supreme Court showed they too would be part of the opposition to Trump’s autocracy. That assessment emerged from three wins for the rule of law and losses for the Trump administration at SCOTUS—some nuanced, some less so.
Best of all, you Contrarians were a part of all three!
In case after case the Court refused to countenance Trump‘s illegality. The most outstanding example was their 9-0 rejection of Trump‘s position that he could illegally deport innocent migrants in the Abrego Garcia case. That was the case of the Maryland dad who was wrongly deported to El Salvador’s notorious CECOT prison. The court unanimously ruled that the Trump administration must “facilitate“ his return.
Yes, there was some SCOTUS compromising and baby-splitting involved. A lot, in fact. In Abrego Garcia, the lower court had ordered that the administration not only facilitate but also “effectuate” his return. The Roberts Court held that the latter term may have gone too far—the courts can’t mandate the outcome. But ordering facilitation—i.e. making the administration do everything in their power—is still a win. It gets to the same result just a bit more slowly. Indeed, the District Court judge who has the case is already using it to push for return.
That same pattern played out in the two other big cases this week. I'll explain how before I get to your role.
In the other parallel case about hundreds of deportations of Venezuelans to that same El Salvador prison, the “Alien Enemies Act” case, SCOTUS also rejected the Trump position. The Trump regime had argued that they could use that Act to simply disappear migrants with no due process. Not so fast, the Court replied—migrants do have rights, but DC was not the right venue to litigate them. They should be raised in the US judicial district or districts with a closer geographic connection to the dispute, such as where the migrants were held in custody. The next day, the plaintiffs immediately initiated such proceedings in multiple lower federal courts.
The third SCOTUS case was similar. It was the litigation brought by unions, NGO’s, and others combating the illegal firing of thousands of probationary employees. There, too, SCOTUS laid out a roadmap for eventual relief. It ruled that the NGO plaintiffs did not “presently” have standing to bring the case, leaving the door open to NGO standing being established by additional proceedings, or to the unions and other types of plaintiffs establishing their own standing. Like in the AEA case, the plaintiffs were in the federal district court the next morning pushing on that open door and a ruling is expected shortly.
I ought to know—we are co-counsel in the case over at State Democracy Defenders Fund. And because The Contrarian helps support SDDF litigation efforts, in addition to our important work here to stand up to Trump, if you are a paying subscriber you too are part of that fight for justice. The same is true in the battle against the illegal deportations. SDDF filed a brief at the Supreme Court on behalf of almost three dozen prominent conservatives that helped carry the day with this conservative majority SCOTUS. Our paid subscribers helped SDDF do that. If you aren’t among those, would you please consider an upgrade?
To be fair, the news in these three Roberts Court cases was not all good. In all three, a lower court order that was even better was set aside in whole or in part. In each of the cases, there were outcomes not to like (and we discussed them candidly in our Contrarian coverage this week). It was a series of half-full glasses. But when you pour them together you get an overflowing cup. In my view that’s positive and hopefully augurs more favorable rulings to come.
In their own nuanced way, a shifting pro-democracy majority on the Roberts Court joined the dozens of lower court judges (appointed by both Democratic and Republican presidents) who have been holding the line against Trump’s worst autocratic excesses. Taken together with the political opposition at the polls (such as in the Wisconsin Supreme Court race), the popular pushback (e.g. the millions who joined last week’s Hands Off rallies), and Trump’s own bumbling (with his economy-crushing flailing on consumer taxes, AKA tariffs), no wonder his popularity is dropping like a rock.
We covered it all in another blockbuster week here at The Contrarian.
The Public Is Rising Up
Hands Off! Protests Across the Country. This past Saturday, we saw millions of people demand change from the Trump-Musk regime in all 50 states. Enjoy our video recap for a few of the countless scenes of the American people rising to the challenge.
The Contrarian covers the Democracy Movement. This week’s Democracy Movement coverage feasted on those stirring scenes and myriad choice signs from last weekend’s millions-strong Hands Off protests. Momentum continues with more protests, more town halls, and more Cybertrucks turned into the laughing stocks they already are.
We are All in this Together. Jen lent her words to those inspiring nationwide (and global) demonstration of mass action, while asking the obvious: What’s next? For answers on how to keep the momentum going, we need to look to the courts of law, the Hill, and the court of public opinion.
Have You No Decency?—Not to Mention Shame, Soul, Balls, Brains, Beer, Taste, or Friends? Jennifer Weiss-Wolf cast a spotlight on a striking group of Hands Off! Signs that used echoes from the past to rally for the present.
Why are the anti-Trump/Musk protests so white? Shalise Manza Young shone a different spotlight on a hard truth about last Saturday’s nationwide protests: attendees were overwhelmingly white. The reason for this, she argued, is that Black people recognize the laws of this country–including the First Amendment–still don’t apply to all its citizens.
The “Courtship” of Democracy
Undaunted: The Associated Press. Unlike many other heavyweight institutions, wrote Jen in introducing this week’s Undaunted honoree, the Associated Press has refused to capitulate in the face of authoritarian bullying. This week it won a victory against the Trump censoring regime in federal court–proving that when you stand up to bullies, you just might win.
Senator King and Jen Rubin on the attacks against our Constitution. Jen was joined by Senator Angus King to discuss Trump’s attack on our fundamental structure of government. "When you have executive, legislative, and judicial power in one set of hands, that's the perfect definition of tyranny."
The judge and the speaker Journalist and author Elaine Weiss wrote on how a recent politically motivated impeachment attempt against a federal judge went nowhere–as Musk's current attempt should, as we fight to prevent politics from bullying the judiciary.
Andrew Weissmann and Jen Rubin on the SCOTUS deportation ruling. Andrew joined Jen to break down the Supreme Court’s 5-4 decision, including its darker implications.
Vladeck and Rubin unpack the SCOTUS Deportation Ruling. Steve Vladeck joined Jen to further unpack the SCOTUS Alien Enemies Act ruling–and what happens now to the people who have been deported without due process.
Trump’s twisted world: Where criminals are public servants—and vice versa! Mimi Rocah assessed Trump’s ongoing abuse of executive power to target perceived enemies–with DOJ complicity. “No president has so consistently used the pardon process as a way to reward loyalty (financial and otherwise), while punishing the prosecutors who bring such cases as Donald Trump has in the past two months.”
Fear & Loathing at DOJ. This week’s Talking Feds episode went inside the DOJ (or as close as we can) to discuss its concerning leadership changes with the help of two of the country’s most respected reporters, Devlin Barrett and Evan Perez, and a recent DOJ exile, Stacey Young, who is now working to aid her former colleagues.
Southern Home Cooking—an Election
North Carolina Supreme Court Justice on Brazen Effort to Steal an Election. Jen Rubin spoke to Allison Riggs, who won reelection to her seat on the North Carolina Supreme Court in November–and remains in limbo thanks to ongoing Republican electoral machinations.
Is North Carolina the canary in the coal mine for American democracy? Court accountability experts Mike Sacks and Evan Vorpahl wrote on the attempted judicial coup in North Carolina, by which Republicans are still trying to throw out tens of thousands of votes from the state’s Supreme Court race—and what we can all do to fight election interference.
North Carolina is asking people to vote according to rules the state hasn't set. Former election recorder Steven Richer, a Republican, updated us on the ongoing chaos five months after a North Carolina Supreme Court race in which votes have been counted, recounted, and audited. With the courts throwing thousands of votes into question, Richer laid out the “gross error” and its potential consequences.
Trump’s Terrible Tariffs
One Day that Shook the World. In honor of Trump single-handedly shattering global markets in a day (on which he also played golf), Marvin Kalb brought us another clear-eyed analysis of how Trump’s unchecked power is steering America toward autocracy—defying expert advice, punishing critics, and rewriting the rules to serve himself.
Rep. Ritchie Torres on the Whiplash of Trump's Tariffs. New York Congressman Richie Torres joined Jen to discuss Trump’s latest hot and cold tariff scheme, featuring $6.6 trillion lost in the 48 hours after ‘Liberation Day’ and a panic-mode 90-day pause. “The only certainty is uncertainty.”
The cure for all that ails. Bleach and tariffs have a lot in common: Pushed by Trump as solutions, they claim to clean things up, and if you swallow either one, you're gonna have a bad time. See RJ Matson’s visual.
Let’s Do Lunch! with Jared Bernstein. Jared Bernstein joined Jen Rubin for a real-time economics Q&A to help us all process the latest moves in Trump's all-pain-no-gain economic policy. Join him every Tuesday at noon for our latest weekly Live installment!
It’s Republicans' Fault. Jen Rubin gave us the essential reminder that as big a wrecking ball as Trump is, his tariffs didn’t happen in a vacuum–nor will the recession and global trade chaos to come. We have Republicans on the Hill, most notably their complacency, to thank for that.
When Autocrats Screw Up. Jen Rubin traced the latest cracks in Trump and Musk’s unified strongman front, as Musk called Trump’s tariff guru Peter Navarro “a moron”...well after the president had taken Navarro’s advice as gospel.
80 years of good work gone in 80 days. Thomas Graham and David Bernell gave their latest keen assessment of the disaster that is Trump’s art of the tariff deal: the United States has demonstrated to the rest of the world that it cannot be trusted.
Off the cliff. RJ Matson gave us a perfect snapshot of Trump Thelma and Louise-ing it with the US economy.
JD Vance Freaks Out After Tariffs Hike Price of Eyeliner. Friend of The Contrarian Andy Borowitz reported on tariffs hitting home for the Vice President’s go-to beauty product (“Shanghai Smokeshow”).
Democracy’s Do’s and Don’ts
Adam Kinzinger and Jen Rubin on MAGA, Markets, and Measles. Former (a word he relishes) Illinois Representative Adam Kinzinger chats with Jen about the GOP's capitulation, incoherent economic policy, & growing voter backlash. "They're cowards... the Republican Party has basically excommunicated or defeated any independent thought, any academic thought, and any vestige, frankly, of conservatism."
It’s the Stupidity, Stupid! Dr. Brian Klaas joins Jen Rubin to discuss the secret sauce of the Trump-Musk administration’s chaotic leadership: grade A, undiluted incompetence. “People who are stupid can destroy democracy.”
Silence is endorsement. Brian O’Neill pulled no punches in his exhortation to former generals witnessing Trump’s quiet purge of military leadership: speak up now, or let your silence become permission.
Words & Phrases We Could Do Without. “It is impossible to disguise the anti-intellectual, anti-truth, and anti-American bent of the anti-DEI fanatics,” wrote Jen Rubin in her latest installment of the words and phrases the Trump regime has twisted out of all sane meaning.
Aslı Aydıntaşbaş and Jen Rubin on Turkey’s Authoritarian Rise and Growing Opposition. “If you want to become an autocrat, you’ve got to control the judiciary. That’s exactly what Erdoğan did. Very deliberate, very methodical.” Jen Rubin spoke to journalist Aslı Aydıntaşbaş on Turkey’s slide into authoritarianism—and its domestic parallels.
Here’s why Trump ignores traditional media: He has his own media ecosystem now. Jeff Nesbit looked at the new state of right-leaning media, which is dominating the online ecosystem with a clear strategy: control the message, control the people. Democrats not only don't have the same network, he warned, but they don't seem interested in building one.
The Trump administration is gutting the rights of federal workers in unions. AFL-CIO President Liz Shuler wrote on exactly why the Trump administration’s attacks on unions’ right to collective bargaining should matter to all of us, deeply.
News: I'm passing the torch at WisDems. Friend of the Contrarian (and one of the heroes for democracy in Wisconsin’s recent election) Ben Wikler announced, over on his Substack, that his time as chair of the Wisconsin Democratic Party is ending. “Serving as chair for these six years has been the honor of my life. Our state party is poised to thrive under new leadership.” Here’s to your next chapter, Ben! And our best wishes to Pumpkin, Contrarian Pet of the Week emeritus.
Win Back the House! Yasmin Radjy on the grassroots strategy to deliver Democratic wins. Executive Director of Swing Left Yasmin Radjy brought us news we can all use: Democrats only need to flip 3 seats in the House to win back the majority. She unveiled the strategy to make it happen.
Democracy Index from Joyce Vance, Josh Kolb, Bri Murphy, and Julie Zebrak.
Culture, Cooking, Comics
Patrick Schwarzenegger is a nepo baby I can endorse. Credit where credit is due, wrote Meredith Blake: Patrick Schwarzenegger’s Hollywood royalty origins haven’t stopped him from being delightfully good at his job in the latest season of HBO’s White Lotus. We Contrarians love a redemption arc.
Dire wolf. In Nick Anderson’s latest cartoon the Trump admin “de-extincts” a prehistoric economic policy. And in Lightning rod, Michael de Adder brought us a cartoon on Elon Musk’s electric (and, possibly, fizzling) appeal at the White House.
Dawn Staley’s impact is reflected in coaches past and present. As the March Madness dust settles, journalist Owen Pence gifted us with a celebration of South Carolina’s head basketball coach, Dawn Staley, who is building a legacy far beyond the court by uplifting Black women athletes past and present.
Take Your Ball and Go Home: Sportswriter Pablo Torre and Jen Rubin on Trump’s failed Appropriation of Sports. Jen Rubin outed herself as a ride-or-die LA Dodgers’ fan while talking to sportswriter Pablo Torres about the White House's failed athletic pandering and how Trump is now alienating not just voters but sports fans. "Gamers have more dignity and esteem than these oligarchs running around rigging the rules.
March Madness is over. But what are we celebrating? Shalise Manza Young wrote on the glaring disconnect on and off-court during this year’s March Madness, by which Black athletes fuelled college basketball’s biggest wins only to return to campuses where DEI programs meant to support them have been erased.
How the Cybertruck became a symbol of MAGA dysfunction. Among all the deserving targets at last weekend’s protests, one $100k metal meme stood out to our culture columnist Meredith Blake: the Cybertruck, which is no longer just Elon Musk’s expensive, ugly lemon of a car—it’s a rolling symbol of Trump, Musk, and everything broken in America.
80 years ago, FDR’s death ended one of nation’s most consequential presidencies. In honor of the 80th anniversary of FDR’s death on April 12th, Fred Frommer reflected on the former President’s enduring legacy, guiding the nation through economic hardship and war.
Tom the Dancing Bug. This week Ruben Bolling’s cartoon gives us as good an explanation as any for Trump’s playground-level tariff logic.
First Tee: What Golf Means to Us. The Contrarian’s own managing editor extraordinaire, Julia Payne, brought us inside her local chapter of youth golf organization First Tee, with words from some of the many extraordinary alums–2 million and counting!—who have built community (and killer swings) through the program. Mar-a-Lago could never.
Split Screen: Shirley Chisholm, cropped out of history. Azza Cohen brought us another eagle-eyed dissection of political imagery in her column Split Screen. Up this week: how U.S. Rep. Shirley Chisholm (D-N.Y.) made history as the first Black woman to run for a major party's presidential nomination in 1972, was undermined by biased photography, and how we can look for the same in coverage of any political campaign.
We closed out with the week by offered a heartwarming Coq au vin recipe from Jamie Schler, some dystopian offerings from our Contrarian Culture Club Recommendations, by Meredith Blake and Ellie Kurlander, and everybody’s favorite reveal: our Pet of the Week, courtesy of our friend and fellow Contrarian, Renatto Mariotti. Henry likes to practice paw while his Daddy practices law…
So there you have it, Contrarians. It was a week of pushback legally, political opposition, and public resistance. The three P’s! They are guardrails of democracy, and they seem to be holding. Which is remarkable, given their age. These checks and balances were established almost two and a half centuries ago when the Constitution set up our systems of governance. There was genuine doubt whether they would withstand Trump’s battering. Well, they are—in part thanks to you and your support of our journalism and our pro-democracy litigation.
Please join the fight and enable us to continue our efforts, by becoming a paid subscriber.
Until next week! Thanks for being here with us.
Warmly, Norm
I am a Jewish woman who is very concerned about the latest ruling on Mahmoud Khalil.
Today I read that an immigration judge ruled to deport Mahmoud Khalil. This was based on a memo sent by Marco Rubio which stated:
“ He said that while Khalil's activities were “otherwise lawful,” letting him remain in the country would undermine “U.S. policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States.”
As a Jewish American, whose father left high school to fight racism, I was wondering why the American Nazi organizations are not subject to the same ruling. On a daily basis, they are fighting to rid our country of all Jews. If that’s not antisemitism, I totally give up.
If Mahmoud is being deported based on antisemitism, can’t we do the same to the leaders of the multiple organizations who are doing the same thing.
PLEASE ASSIST!
When Mr Garcia is found dead, will that miserable, cruel and vicious shell of a man sitting in the Oval Office (when not playing golf) be accused of murder?