Playing Chicken With the Constitution

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Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and dangles the possibility of extending its lawlessness to renditioning American citizens to a foreign…