“The Government argument … implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene,” wrote Justice Sonia Sotomayor.
The NCLA filed its lawsuit shortly after a small coalition of conservative senators, including former Senate Majority Leader Mitch McConnell (R-KY), joined forces with Democrats to pass a bill to lower tariffs on Canada and curb the president’s ability to further complicate international trade.
“The President has no power to do any of this,” the attorneys general wrote in court filings. “The Elections EO is unconstitutional, antidemocratic, and un-American.”
In a press release announcing the lawsuit, the New Civil Liberties Alliance characterized the tariffs as “unlawful” and said that their imposition would come at a high cost to American taxpayers.
The two plaintiffs say that a 1935 Supreme Court ruling sets a clear precedent: presidents cannot remove FTC commissioners except for reasons of “inefficiency, neglect of duty, or malfeasance in office.”
Trump’s statements earned a rare rebuke from U.S. Supreme Court Chief Justice John Roberts, who said that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
“The second Trump administration has taken a chainsaw to the agency as a whole in an attempt to shutter it completely,” the lawsuit alleges.
“This outrageous effort to leave students behind and deprive them of a quality education is reckless and illegal,” New York Attorney General Letitia James said.
“Prior to her termination, Ms. Comans was an exemplary employee with absolutely no disciplinary history and had received ‘Achieved Excellence’ ratings for every year that she served as an SES,” the lawsuit says.
“Federal statute already prohibits any president from telling schools and colleges what to teach,” the American Federation of Teachers said. “And students have the right to learn without the threat of culture wars waged by extremist politicians hanging over their heads.”