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The Courts v. Trump and Musk

On this episode of Start Making Sense, David Cole and Robert Weissman on Trump’s current losing streak in federal court.

Jon Wiener

February 12, 2025

President Donald Trump signs a series of executive orders at the White House on February 10, 2025, in Washington, DC. (Andrew Harnik / Getty Images)

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The Courts v. Trump and Musk | Start Making Sense
byThe Nation Magazine

Trump has lost a series of major legal battles in the last week, where courts have ruled that key executive orders of his are unconstitutional. But what happens if Trump defies the courts? David Cole comments—he recently stepped down as national legal director of the ACLU to return to teaching law at Georgetown University.

Also: “One of the most important lawsuits in the history of the United States” (The American Prospect): the suit brought by Public Citizen to stop Elon Musk’s attempted takeover of the Treasury Department’s payment system. Robert Weissman explains—he’s co-president of Public Citizen.

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On this episode of Start Making Sense, we discuss the major legal battles Trump has lost in the last week, with federal courts ruling that key executive orders of his are unconstitutional. But what happens if Trump defies the courts? David Cole comments—he recently stepped down as national legal director of the ACLU to teach law at Georgetown University.

Also on this episode: “One of the most important lawsuits in the history of the United States” (The American Prospect): the suit brought by Public Citizen to stop Elon Musk’s attempted takeover of the Treasury Department’s payment system. Robert Weissman explains—he’s copresident of Public Citizen.

Subscribe to The Nation to support all of our podcasts: thenation.com/podcastsubscribe.

The Nation Podcasts

Here's where to find podcasts from The Nation. Political talk without the boring parts, featuring the writers, activists and artists who shape the news, from a progressive perspective.

The Supremes say ‘No” to Trump on Mail Voting, plus the Paramount-Warner Merger Fight / Start Making Sense
byThe Nation Magazine

Only two Justices backed Trump in the Court’s ruling blocking his efforts to enlist the postal service in restricting voting by mail in the midterms. David Cole explains why this is a huge victory, but far from the end of Trump’s effforts to undermine Democratic voting.

Also: The blue state attorneys general have succeeded in blocking the efforts of Trump’s allies at Paramount-Skydance from taking over Warners-Discovery, at least for now, but their lawsuit followed months of protests organized by, among others, Jane Fonda’s Committee for the First Amendment. Rashad Robinson has our analysis – his new book is From Presence to Power: How to take on the Fights that Matter – and Win.

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Jon WienerTwitterJon Wiener is a contributing editor of The Nation and co-author (with Mike Davis) of Set the Night on Fire: L.A. in the Sixties.


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