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Refusals to comply with Supreme Court decisions equal a constitutional crisis.
I was at an event last week where a prominent GOP pollster who often appears on CNN was discussing the details of U.S. President Donald Trump’s political profile as we approach the 100-day mark of his administration. The back and forth was interesting to me and my fellow political nerds. However, during the presentation, my inner voice sounded like Independent Vermont Sen. Bernie Sanders: “This is not normal.”
Unfortunately, far too many political insiders are acting as if Trump is a normal if a little eccentric president. They think that they can negotiate with him on issues and influence his staff to move him in their direction. No matter what Trump does, they see it as just a negotiating tactic.
April 14, 2025 should go down in American history as the day when Trump’s steps in the direction of authoritarianism made it clear to all that this is not a normal presidency. After Monday’s events, there can be no more debate about what Trump is and where he is taking America.
Let’s break down what happened. In a meeting with President Nayib Bukele of El Salvador, President Trump openly defied a 9-0 Supreme Court decision that said that Kilmar Abrego Garcia, a Maryland resident wrongly deported to El Salvador, must be returned to the United States. As The New York Times put it:
The meeting in the Oval Office on Monday was a blunt example of Mr. Trump’s defiance of the courts. The president and his top White House officials said the decision over Mr. Abrego Garcia, a 29-year-old father of three, would have to be made by [El Salvador President] Mr. Bukele.
If this was not enough, President Trump went on to outline plans for sending American citizens convicted of crimes to El Salvador. More from The New York Times:
President Trump just said he was open to sending American citizens convicted of violent crimes to President Bukele’s prison in El Salvador. Trump had a similar response when Bukele first offered to jail convicted American criminals in February.
“I’m all for it,” Trump said, adding that his attorney general was studying whether the idea was legally feasible. “If it’s a homegrown criminal, I have no problem, no,” he said, adding: “I’m talking about violent people. I’m talking about really bad people.”
Another sign that we are in a constitutional crisis happened just outside the Oval Office on Monday. President Trump had barred The Associated Press from covering certain White House events because they had refused to use his preferred nomenclature for what the White House refers to as the “Gulf of America.” Last week, a federal judge ordered the White House to restore AP access to White House events. The federal judge who ruled in this case was Trevor McFadden, a Trump appointee. In his decision, McFadden wrote that:
No, the Court simply holds that under the First Amendment, if the Government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints... The Constitution requires no less.
On Monday, the White House blocked the AP reporter from attending the Oval Office press conference with President Trump and Bukele. Again, Trump failed to obey a court order.
Now, barring a reporter from the Oval Office may not seem to be a big deal. However, it is the government telling the media what it can report on. Plus, the courts ruled directly in the AP’s favor. The lines are clearly drawn here.
President Trump in the Oval Office on Monday openly defied decisions of the judicial branch. One was a 9-0 ruling of the Supreme Court and the other ruling was by a federal judge he appointed. As a nation, we are clearly in a constitutional crisis. This is not something theoretical or something that might happen sometime in the future. The crisis is at hand. The fabric of the American republic is being torn in two.
What we need is bold opposition from Democratic leaders in the House and Senate. If the current leadership is unwillingly to respond, they need to step aside. The first action that each of us can take to protect the American experiment is to stop pretending that Trump is a normal president.
"Is it a constitutional crisis yet?" asked one journalist.
Despite a federal court ruling last week, journalists with the Associated Press were blocked from reporting on several White House events on Monday, leading to fresh accusations that President Donald Trump is openly violating court orders as well as core constitutional protections, in this case freedom of speech and the press.
"Our journalists were blocked from the Oval Office today," said Lauren Easton, an AP spokesperson, following a press event with Trump and El Salvador President Nayib Bukele. "We expect the White House to restore AP's participation in the pool as of today, as provided in the injunction order."
A pair of AP photographers were later allowed to attend an event on the South Lawn, but a print journalist was barred from entry.
According to the AP:
Last week's federal court decision forbidding the Trump administration from punishing the AP for refusing to rename the Gulf of Mexico was to take effect Monday. The administration is appealing the decision and arguing with the news outlet over whether it needs to change anything until those appeals are exhausted.
The U.S. Court of Appeals for the D.C. circuit set a Thursday hearing on Trump’s request that any changes be delayed while case is reviewed. The AP is fighting for more access as soon as possible.
"Is it a constitutional crisis yet?" asked Missouri-based journalist Steve Lambson in response to the latest developments.
"More contemptuous behavior by this administration," added attorney Bernadette Foley. "What will the courts do about it? What will GOP do?"
In the federal court ruling last week, the presiding judge wrote that access to presidential events "must be reasonable and not viewpoint-based," though the White House has been clear the decision was a punitive response to editorial decisions by AP with which it disagreed.
"While the AP does not have a constitutional right to enter the Oval Office," the judge said, "it does have a right to not be excluded because of its viewpoint. … All the AP wants, and all it gets, is a level playing field."
A spokesperson for the news agency said the ruling "affirms the fundamental right of the press and public to speak freely without government retaliation."
A federal judge appointed by U.S. President Donald Trump during his first term ruled Tuesday that the White House cannot cut off The Associated Press' access to the Republican leader because of the news agency's refusal to use his preferred name for the Gulf of Mexico.
"About two months ago, President Donald Trump renamed the Gulf of Mexico the Gulf of America. The Associated Press did not follow suit. For that editorial choice, the White House sharply curtailed the AP's access to coveted, tightly controlled media events with the president," wrote Judge Trevor N. McFadden, who is based in Washington, D.C.
Specifically, according to the news outlet, "the AP has been blocked since February 11 from being among the small group of journalists to cover Trump in the Oval Office or aboard Air Force One, with sporadic ability to cover him at events in the East Room."
The AP responded to the restrictions by suing White House Chief of Staff Susie Wiles, Deputy Chief of Staff Taylor Budowich, and Press Secretary Karoline Leavitt, "seeking a preliminary injunction enjoining the government from excluding it because of its viewpoint," McFadden noted in his 41-page order. "Today, the court grants that relief."
The judge explained that "this injunction does not limit the various permissible reasons the government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the president or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones' questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views."
"The court simply holds that under the First Amendment, if the government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints," he stressed. "The Constitution requires no less."
McFadden blocked his own order from taking effect before next week, giving the Trump administration time to respond or appeal. Still, AP spokesperson Lauren Easton said Tuesday that "we are gratified by the court's decision."
"Today’s ruling affirms the fundamental right of the press and public to speak freely without government retaliation," Easton added. "This is a freedom guaranteed for all Americans in the U.S. Constitution."
NPR reported that "an AP reporter and photographer were turned back from joining a reporting pool on a presidential motorcade early Tuesday evening, almost two hours after the decision came down."