The Morning: The judiciary’s role

Plus, Putin, the J.F.K. files and astronauts.

View in browser|nytimes.com March 19, 2025 By German Lopez Good morning. We're covering Trump and the judicial branch — as well as Putin, the J.F.K. files and astronauts. Chief Justice John Roberts and President Trump. Haiyun Jiang for The New York Times The judiciary's role President Trump's latest adversary is the judicial branch. Yesterday, Trump called for the impeachment of a judge who had ruled against him, earning a rare rebuke from the chief justice of the Supreme Court. The administration had ignored the judge's order to stop deportations over the weekend, saying the government would heed only his written command, not a spoken one. It was hardly the first sign of trouble. Trump's lawyers have peddled distortions and lies in court, as my colleague Charlie Savage explained. They've also said a judge can't meddle in Trump's work protecting the United States from threats. His aides have suggested that the president can ignore rulings. All three branches of government are, in theory, equal; Congress passes laws, presidents enforce them and judges interpret them. That's the norm, anyway. Historically, presidents almost always respect what the courts say, even if they disagree. They obey judges. Their representatives don't lie in court or claim exemption from judicial oversight. But the United States may soon find out what happens when those norms no longer hold. Trump and his lawyers are challenging the balance of power among the branches of government. Experts worry this is the beginning of a constitutional crisis. Is it? Today's newsletter looks at the signs of peril — and the signs that America's constitutional order is holding up for now. The dangers Judicial review is the concept that judges can strike down laws if they violate the Constitution. The notion came from the Supreme Court's 1803 decision in Marbury v. Madison, and it made the court a backstop to the excesses of Congress or the presidency. But the decision came with a quirk: The Supreme Court can't actually enforce its rulings. It relies on the president and Congress to believe in the courts and take their judgments seriously. Some presidents have challenged the court in minor ways, and Andrew Jackson defied it brazenly when he allowed Georgia to expel Cherokees from their land. But presidents have unhappily followed the Supreme Court's judgments over the past century and a half. Barack Obama abided by the court's decision after it limited Obamacare's requirement that health insurance plans cover contraception. In response to rulings, George W. Bush adjusted his plans to put Guantánamo detainees on trial. Trump and his allies question that tradition. The administration has ignored a raft of lower court rulings over deportations, agency staffing and government funding. Trump himself has suggested that he's above the courts. "He who saves his Country does not violate any Law," he said online. His vice president, JD Vance, has said that "judges aren't allowed to control the executive's legitimate power." Vance adapted an apocryphal quote attributed to Andrew Jackson: "The chief justice has made his ruling. Now let him enforce it." All of this, experts say, amounts to a red flag for the constitutional order. Averting crisis Still, America may not be in a crisis yet. Republicans in Congress have not actually impeached any judges. A judge has not yet held Trump or anyone in his administration in contempt. The administration has not defied the Supreme Court — only lower court orders; that still breaks dangerous new ground, but those rulings are not always final. Some Trump supporters argue that he is challenging a narrow aspect of the judicial branch, not the whole constitutional system. For years, experts and members of both parties have complained about how much power lower courts have. A single federal district judge from Sherman, Texas, for instance, can stop an executive order across the whole country, as when a jurist stopped an Obama-era rule requiring overtime pay for millions of workers. Litigants can shop around for sympathetic judges, all but guaranteeing their victory until a higher court weighs in. Even believers of judicial review can, and do, take issue with this dynamic. The red line The real danger, then, is if Trump openly defies a Supreme Court ruling. That will send a clear message: The president is above the judicial branch. America's constitutional system requires the president to believe in checks and balances; it falls apart if he doesn't. More on the courts Trump is already undercutting the separation of powers, legal scholars say. Their question now is: How will that change the country? Justice Department lawyers again refused to tell a federal judge when two planes of deportees took off last weekend. The judge, who is trying to determine whether the government defied his order to halt the deportations, gave them until today to comply. A federal judge ruled that Elon Musk's dismantling of U.S.A.I.D. was likely unconstitutional and ordered the agency to partially resume its operations. Judges also blocked the Trump administration from barring transgender people from the military and ordered the Education Department to restore some grants it terminated in a purge of D.E.I. programs. THE LATEST NEWS Immigration The Trump administration says the people it deported to El Salvador were all gang members. But it's not clear how officials determined that. "We finally got you": Immigration agents arrested an undocumented woman in Denver whose public claim of sanctuary in a church made national news during Trump's first term. Government Overhaul In the Oval Office.  Haiyun Jiang for The New York Times Trump fired the two Democratic members of the Federal Trade Commission, a rejection of the regulator's traditional independence. "You're not alone": Federal workers have taken to forums on Reddit to vent and share information about Trump's cuts. DOGE, after criticism, reinstated details on its website about grants it canceled. More on the Trump Administration Trump and his allies are trying to cripple his opponents using executive orders, investigations and threats. Attorney General Pam Bondi called recent attacks on Tesla dealerships acts of domestic terrorism directed at Musk. Robert F. Kennedy Jr. has suggested that poultry farmers should let bird flu run through their flocks to identify birds that may be immune. Scientists say this would be disastrous. The administration threated to withhold funding from New York's mass transit system if the M.T.A. did not answer questions about subway crime. Republicans named Vance to lead the party's fund-raising, an apparent first for a vice president. War in Ukraine In a call with Trump, Vladimir Putin agreed to pause strikes on energy infrastructure if Ukraine did the same. He stopped short of accepting a broader cease-fire. Russia and Ukraine have attacked each other's infrastructure since the call, BBC News reports. The U.S. ended funding to track thousands of Ukrainian children whom Russia has abducted, and officials or contractors may have deleted a database about them. Israel-Hamas War In Gaza City. Saher Alghorra for The New York Times Israel's renewed attacks on Gaza killed more than 400 people, the enclave's health authority said. That would make yesterday one of the deadliest days of the war. Talks between Israel and Hamas to extend a cease-fire have stalled. Israel appears to have returned to war to force concessions, Patrick Kingsley and Ronen Bergman write. In a televised address, Benjamin Netanyahu suggested that more attacks were coming. "This is only the beginning," he said. More International News Lawmakers in Mexico City banned traditional bullfighting. They permitted a version designed not to harm the animals. The Turkish authorities arrested the mayor of Istanbul on charges linked to corruption and terrorism. A leading opposition party had been poised to make him its presidential candidate. Canada is improving its military defenses in the Arctic. The U.S., Russia and China have all tried to increase their control over the region. J.F.K. Papers Records released yesterday. Carlos Barria/Reuters The U.S. released thousands of documents related to the assassination of John F. Kennedy. Times reporters reviewed some of them here. Historians don't expect major revelations, though it could take them months to sort through all the files. Nothing in the archives will dispel the fog of conspiracy theories around the assassination, A.O. Scott writes. You can see the documents on the National Archives website. Other Big Stories Suni Williams and Butch Wilmore, NASA astronauts who had been in orbit since June, finally returned to Earth. They splashed down off the Florida Panhandle. Google agreed to buy a cybersecurity start-up, Wiz, for $32 billion — its largest ever deal. Opinions Without U.S.A.I.D., it's up to private philanthropists to support humanitarian work around the world, Farah Stockman writes. Here are columns by Bret Stephens on Chuck Schumer and Jewishness and Thomas Edsall on the tech elite. A subscription to match the variety of your interests. News. Games. Recipes. Product reviews. Sports reporting. A New York Times All Access subscription covers all of it and more. Subscribe today. MORNING READS Karlene Petitt and Joseph Emerson, former airline pilots. Noel Spirandelli for The New York Times Flight risk: The F.A.A. has strict rules about pilots with mental illness. That incentivizes many to hide their depression. Letter of Recommendation: Facebook Marketplace has the messiness of real life. Witch project: A Maryland politician wants to clear the name of the women her state convicted of witchcraft. Most clicked yesterday: A Times critic explains the painting that got him through winter. Lives Lived: The speechwriter Anthony Dolan gave Ronald Reagan the phrase "evil empire" to describe the Soviet Union and in another address consigned Marxism to "the ash heap of history." Dolan died at 76. SPORTS N.C.A.A. Tournament: On the first night of play-in games, North Carolina routed San Diego State, while Alabama State advanced to the first round with a buzzer-beater. College football: EA Sports will increase payments to athletes for appearing in its College Football 26 game this summer. ARTS AND IDEAS Lucian Simmons Vincent Tullo for The New York Times The Metropolitan Museum of Art has surrendered dozens of supposedly looted artworks to the authorities in recent years. Now it has a dedicated leader to examine whether other objects in its collection might have dubious origins: Lucian Simmons, head of provenance. Read about his work. More on culture Black novelists and filmmakers are thriving in satire. Forever 21 filed for bankruptcy for the second time in five years. This time, the fast-fashion retailer could really be facing the end. THE MORNING RECOMMENDS … David Malosh for The New York Times. Food Stylist: Simon Andrews. Bake these flourless walnut cookies for the Iranian New Year. Pack an emergency travel bag. Run with the best shoes. Clean your glass shower door. GAMES Here is today's Spelling Bee. Yesterday's pangram was lifelong. And here are today's Mini Crossword, Wordle, Connections, Sports Connections and Strands. Thanks for spending part of your morning with The Times. See you tomorrow. Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. Editor: Adam B. Kushner News Editor: Tom Wright-Piersanti Associate Editor: Lauren Jackson News Staff: Desiree Ibekwe, Brent Lewis, German Lopez, Ashley Wu News Assistant: Lyna Bentahar Saturday Writer: Melissa Kirsch Need help? Review our newsletter help page or contact us for assistance. You received this email because you signed up for the Morning newsletter from The New York Times, or as part of your New York Times account. To stop receiving The Morning, unsubscribe. To opt out of other promotional emails from The Times, including those regarding The Athletic, manage your email settings. To opt out of updates and offers sent from The Athletic, submit a request. 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