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May 13, 2025 58 min

Humpty Dumpty

from Main Justice Hosted by Mary McCord, Andrew Weissmann

Stephen Miller’s got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary’s ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump’s decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows.

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Can you suspend habeas? SCOTUS says no. Plus: a TRO on firing federal workers and national injunctions have their day in court.

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Humpty Dumpty

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This episode was published on May 13, 2025.

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