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A Critical Moment for the Rule of Law

A Critical Moment for the Rule of Law

This morning the full D.C. Circuit Court of Appeals heard oral arguments on whether the Trump administration will be subject to a contempt of court inquiry for not stopping and turning around the deportation flights in the original Alien Enemies Act case, which began way back in March 2025, when the Trump administration sent more than 200 Venezuelan men to El Salvador’s CECOT prison.

Each side — the Trump DOJ and the ACLU — was given 30 minutes, but the oral arguments ended up lasting nearly three hours.

The top line: The en banc court is likely to rule against the Trump administration and allow U.S. District Judge James Boasberg to proceed with a contempt of court inquiry.

Perfect Storm, Brought to You by Donald Trump 

Perfect Storm, Brought to You by Donald Trump
· The Backchannel

As I noted a week ago, we can’t know whether the current polls will be predictive of the November election results. But the polls themselves are at least speaking with a clear voice. I want to note two things that appear to be moving in unison: consumer confidence and the Republican position on the national generic ballot.

Here’s the trend line from Nate Silver’s Silver Bulletin …

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A Critical Moment for the Rule of Law

A Critical Moment for the Rule of Law

This morning the full D.C. Circuit Court of Appeals heard oral arguments on whether the Trump administration will be subject to a contempt of court inquiry for not stopping and turning around the deportation flights in the original Alien Enemies Act case, which began way back in March 2025, when the Trump administration sent more than 200 Venezuelan men to El Salvador’s CECOT prison.

Each side — the Trump DOJ and the ACLU — was given 30 minutes, but the oral arguments ended up lasting nearly three hours.

The top line: The en banc court is likely to rule against the Trump administration and allow U.S. District Judge James Boasberg to proceed with a contempt of court inquiry.

Perfect Storm, Brought to You by Donald Trump 

Perfect Storm, Brought to You by Donald Trump
· The Backchannel

As I noted a week ago, we can’t know whether the current polls will be predictive of the November election results. But the polls themselves are at least speaking with a clear voice. I want to note two things that appear to be moving in unison: consumer confidence and the Republican position on the national generic ballot.

Here’s the trend line from Nate Silver’s Silver Bulletin …

Want to keep reading?

Join TPM to get full-access to our reporting, newsletters, and other member-only features.

TPM VIDEO: Congress Is Leaving Town. What Do Lawmakers Have to Show for Themselves?

TPM VIDEO: Congress Is Leaving Town. What Do Lawmakers Have to Show for Themselves?

The House has already left town. The Senate is heading home this week. With the midterms just around the corner, GOP lawmakers are giving up on doing any more legislating and skipping town to try to mobilize their demoralized voters.

TPM’s congressional reporter Emine Yücel has chronicled all the drama for us. Emine joined publisher Joe Ragazzo on YouTube Live at 2 p.m. ET to talk through what Congress has actually done — and failed to do — this session.

Check it out:

Roger Marshall May Rue The Day: Arresting Pregnant Moms Edition

Roger Marshall May Rue The Day: Arresting Pregnant Moms Edition

I’m figuring this will end up as a big mistake. You probably know about the big NYT expose about Sen. Roger Marshall’s record as an OB/GYN suing hundreds of his patients over often very small delinquent bills and having a significant number of them arrested. Democrat Adam Hamilton is now running an ad on Youtube which describes one of those cases, a woman named Meischa Zimmerman who was arrested in 2011 and, according to her, handcuffed while eight months pregnant and in front of her two year old child. Marshall just sent Hamilton a cease-and-desist letter calling the ad false and defamatory and demanding it be taken down.

This seems like it will be a textbook case of what has come to be called the “Streisand Effect,” in which the effort to block some kind of publicity or attention simply has the effect of calling more attention to the original issue.

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