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Ruth Marcus

👤 Person
174 total appearances

Appearances Over Time

Podcast Appearances

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

There's going to be other cases in which I think it's very clear the administration is going to outright lose. The clearest one to me involves its effort to unilaterally, through executive order of all things, rewrite the constitutional guarantee of birthright citizenship. Trump knows he can't get this through Congress, has issued an executive order.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

There's going to be other cases in which I think it's very clear the administration is going to outright lose. The clearest one to me involves its effort to unilaterally, through executive order of all things, rewrite the constitutional guarantee of birthright citizenship. Trump knows he can't get this through Congress, has issued an executive order.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

Every court at every level that has looked at it has said this is blatantly unconstitutional. There was a Reagan-appointed judge who basically said to the Justice Department lawyer who appeared before him. I can't believe you have the nerve to come to me and make this argument, though he didn't say nerve.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

Every court at every level that has looked at it has said this is blatantly unconstitutional. There was a Reagan-appointed judge who basically said to the Justice Department lawyer who appeared before him. I can't believe you have the nerve to come to me and make this argument, though he didn't say nerve.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

Every court at every level that has looked at it has said this is blatantly unconstitutional. There was a Reagan-appointed judge who basically said to the Justice Department lawyer who appeared before him. I can't believe you have the nerve to come to me and make this argument, though he didn't say nerve.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then there's a bunch of cases that range the gamut of the things that we've talked about that are much more jump balls. And I think the picture of where the Supreme Court is going to come down on this is only going to emerge as we fill in the dots and then start to connect them of what the court is and isn't going to tolerate.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then there's a bunch of cases that range the gamut of the things that we've talked about that are much more jump balls. And I think the picture of where the Supreme Court is going to come down on this is only going to emerge as we fill in the dots and then start to connect them of what the court is and isn't going to tolerate.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then there's a bunch of cases that range the gamut of the things that we've talked about that are much more jump balls. And I think the picture of where the Supreme Court is going to come down on this is only going to emerge as we fill in the dots and then start to connect them of what the court is and isn't going to tolerate.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then on the bottom line question of whether we are going to see the president of the United States outright defying a clear order from the Supreme Court of the United States, it's clear that the administration, as much as it wants to thump its chest and look like it's being tough towards judges, would prefer to avoid that.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then on the bottom line question of whether we are going to see the president of the United States outright defying a clear order from the Supreme Court of the United States, it's clear that the administration, as much as it wants to thump its chest and look like it's being tough towards judges, would prefer to avoid that.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

And then on the bottom line question of whether we are going to see the president of the United States outright defying a clear order from the Supreme Court of the United States, it's clear that the administration, as much as it wants to thump its chest and look like it's being tough towards judges, would prefer to avoid that.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

that particular showdown, because I don't think the public is going to take well to that particular showdown. And if the public doesn't take well to it, then Congress might not take well to it. But push may come to shove on that. And we've certainly seen arguments from the likes of the president and J.D. Vance and others suggesting that if they really have to, they will defy.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

that particular showdown, because I don't think the public is going to take well to that particular showdown. And if the public doesn't take well to it, then Congress might not take well to it. But push may come to shove on that. And we've certainly seen arguments from the likes of the president and J.D. Vance and others suggesting that if they really have to, they will defy.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

that particular showdown, because I don't think the public is going to take well to that particular showdown. And if the public doesn't take well to it, then Congress might not take well to it. But push may come to shove on that. And we've certainly seen arguments from the likes of the president and J.D. Vance and others suggesting that if they really have to, they will defy.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

I think that their best kind of case to do that on would be a case that touches on national security or a case that touches on immigration and the president's ability to defend our borders against foreign invaders. And I do have those foreign invaders in air quotes because that's the area in which two things are in the administration's favor. One is legal because the courts have said –

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

I think that their best kind of case to do that on would be a case that touches on national security or a case that touches on immigration and the president's ability to defend our borders against foreign invaders. And I do have those foreign invaders in air quotes because that's the area in which two things are in the administration's favor. One is legal because the courts have said –

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

I think that their best kind of case to do that on would be a case that touches on national security or a case that touches on immigration and the president's ability to defend our borders against foreign invaders. And I do have those foreign invaders in air quotes because that's the area in which two things are in the administration's favor. One is legal because the courts have said –

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

the president is at the apex of his powers when he is involved in deciding issues of national security, and they're very reluctant to go up against him on that. But the second thing is, it's the area in which he probably has the most amount, the greatest amount of public support.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

the president is at the apex of his powers when he is involved in deciding issues of national security, and they're very reluctant to go up against him on that. But the second thing is, it's the area in which he probably has the most amount, the greatest amount of public support.

The New Yorker Radio Hour
Will the Supreme Court Yield to Donald Trump?

the president is at the apex of his powers when he is involved in deciding issues of national security, and they're very reluctant to go up against him on that. But the second thing is, it's the area in which he probably has the most amount, the greatest amount of public support.